Legal Opinion

Kelley v. Chevy Chase Bank (In re Smith)

United States Bankruptcy Court, M.D. Georgia

Decided February 16, 1999No. Bankruptcy No. 97-11019-JBW; Adversary No. 98-1013PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Motion for Summary Judgment filed by Walter W. Kelley, Chapter 7 Trustee (“Trustee”) of David Dwayne Smith’s (“Debtor”) bankruptcy estate. Trustee seeks to avoid the transfer of a lien by Debtor to Chevy Chase Bank (“Bank”) as a preference and recover a $10,232.00 payment received by Bank in satisfaction of that lien. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(F). After considering the pleadings, evidence and applicable authorities, the Court enters the following findings of…

2Cases cited4 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Utility Stationery Stores, Inc. v. American Portfolio (In Re Utility Stationery Stores, Inc.)United States Bankruptcy Court, N.D. Illinois · 1981
  3. Corporate Food Management, Inc. v. Suffolk Community College (In Re Corporate Food Management, Inc.)United States Bankruptcy Court, E.D. New York · 1998
  4. Sweetapple Plastics, Inc. v. Shuman (In Re Sweetapple Plastics, Inc.)United States Bankruptcy Court, M.D. Georgia · 1987

3Cited by7 opinions

  1. Singley v. American General Finance (In Re Singley)United States Bankruptcy Court, S.D. Georgia · 1999
  2. Nightingale v. North Carolina State Education Assistance Authority (In re Nightingale)United States Bankruptcy Court, M.D. North Carolina · 2015
  3. Kelley v. Chevy Chase Bank (In Re Smith)United States Bankruptcy Court, M.D. Georgia · 1999
  4. Cardwell v. Gilman United Federal Credit Union (In Re Carter)United States Bankruptcy Court, S.D. Georgia · 2002
  5. Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)United States Bankruptcy Court, M.D. North Carolina · 2016

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