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Legal Opinion

Joseph Sarachek v. Luana Savings Bank

Court of Appeals for the Eighth Circuit

Decided June 15, 2017No. 16-1856, 16-1955PublishedCited by 8 opinions

1Opinion of the Court

BENTON, Circuit Judge.

In the 90 days before filing for bankruptcy, Agriprocessors, Inc., wired funds covering overdrafts at Luana Savings Bank. The bankruptcy trustee, Joseph E. Sarachek, argues those overdraft-covering deposits are avoidable transfers recoverable from Luana. The bankruptcy court 1 found Sarachek could recover some deposits but not others. Sarachek and Luana cross-appealed. The district court 2 affirmed. The parties again cross-appeal. Having jurisdiction under 28 U.S.C. §§ 158(d)(1) and 1291, this court affirms.

I

Agriprocessors had two accounts with Luana relevant here —…

2Cases cited14 opinions

  1. Central Virginia Community College v. KatzSupreme Court of the United States · 2006
  2. Midland Funding, LLC v. JohnsonSupreme Court of the United States · 2017
  3. In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
  4. In Re: Murray F. Armstrong, Debtor. Harrah's Tunica Corporation, D/B/A Harrah's Casino Cruises-Tunica, Appellant/cross v. William S. Meeks, Trustee, Appellee/crossCourt of Appeals for the Eighth Circuit · 2002
  5. In re Incomnet, Inc.Court of Appeals for the Ninth Circuit · 2006

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3Cited by8 opinions

  1. Rice v. M-Real Estate LLC (In re Turner Grain Merch., Inc.)United States Bankruptcy Court, E.D. Arkansas · 2018
  2. Ahlgren, Trustee v. LandinUnited States Bankruptcy Court, D. Minnesota · 2024
  3. EPIC Companies Midwest 2023, LLC, and EOLA Capital, LLC, v. Sheyenne 32 North, LLC, Sheyenne 32 South, LLC, and Sheyenne 32 South Residential, LLCUnited States Bankruptcy Court, D. North Dakota · 2026
  4. EPIC Companies Midwest, LLC, EPIC Companies Midwest 2023, LLC, EOLA Capital, LLC, and EC West Fargo, LLC v. EPIC Gateway LLC, EPIC Gateway North Real Estate Holdings, LLC, and Gateway Arches Real Estate Holdings, LLC f/k/a EPIC Gateway East Real Estate Holdings, LLCUnited States Bankruptcy Court, D. North Dakota · 2026
  5. In re KuperUnited States Bankruptcy Court, N.D. Iowa · 2018

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