Legal Opinion

Kelley v. First Cmty. Bank (In re Brownlee)

United States Bankruptcy Court, M.D. Georgia

Decided December 3, 2018No. Bankruptcy Case No. 17-70283-JTL; Adversary Proceeding No. 18-07005PublishedCited by 1 opinion

1Opinion of the Court

John T. Laney, III, United States Bankruptcy Judge

The above styled case came before the Court on cross-motions for summary judgment. (Pl.'s Mot. for Summ. J., A.P. No. 10; Def.'s Mot. for Summ. J., A.P. No. 9). In this case, the Chapter 7 Trustee, Walter Kelley, asserts an action under 11 U.S.C. § 547 to avoid a transfer made from the Debtors to the Defendant, First Community Bank ("First Community"). First Community's primary defense is that the alleged transfer occurred outside of the ninety (90) day look-back period of 11 U.S.C. § 547(b)(4). The parties choose to address this dispositive…

2Cases cited9 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. In Re HedrickCourt of Appeals for the Eleventh Circuit · 2008
  4. Williams v. SmithSupreme Court of Georgia · 1907
  5. Angela Harris v. Liberty Community Management, Inc.Court of Appeals for the Eleventh Circuit · 2012

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3Cited by1 opinion

  1. SYNOVUS BANK D/B/A FIRST COMMUNITY BANK OF TIFTON v. KELLEYSupreme Court of Georgia · 2020

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