Legal Opinion
Busseto Foods, Inc. v. Laizure
Court of Appeals for the Ninth Circuit
Decided November 17, 2008No. 06-16857PublishedCited by 13 opinions
1Opinion of the Court
HUG, Circuit Judge:
In this bankruptcy case, we determine whether a creditor that is required to return to the trustee a payment from the debtor made within the ninety-day preference period still maintains a claim against the debtor for a nondischargeable claim. Busseto Foods, Inc. (“Busseto”) contends that the payment it was required to pay to the trustee was a repayment of funds embezzled by the debtor, Charles Laizure, and thus a nondischargeable claim. The Bankruptcy Appellate Panel (“BAP”), in affirming the bankruptcy court, held that 11 U.S.C. § 502(h) only allows Busseto to bring a…
2Cases cited7 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000
- Fleet National Bank v. GrayCourt of Appeals for the First Circuit · 2004
- In Re Verco IndustriesCourt of Appeals for the Ninth Circuit · 1983
- Stoll v. Quintanar (In Re Stoll)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Jubber v. Ruiz (In Re Ruiz)Bankruptcy Appellate Panel of the Tenth Circuit · 2011
- Tenderloin Health v. Bank of the WestCourt of Appeals for the Ninth Circuit · 2017
- Hoskins v. Citigroup, Inc. (In Re Viola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Terry v. Standard Insurance (In Re Terry)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
8 more not listed; retrieve them via the Exa API.