Legal Opinion

Naert v. Daff (In Re Washington Trust Deed Service Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 4, 1998No. BAP No. CC-97-1873-BCH, Bankruptcy No. SA-93-23770-JW, Adversary No. SA-97-01981-JWPublishedCited by 6 opinions

1Opinion of the Court

AMENDED OPINION

BRANDT, Bankruptcy Judge.

OVERVIEW

The defendant in a fraudulent conveyance action entered into a settlement with the trustee. Before court approval of the settlement, the trustee determined that the settlement was not in the best interests of the estate and withdrew his support. The bankruptcy court granted the trustee’s motion to dismiss the removed state court fraud action for failure to state a claim. The defendant appeals; we AFFIRM.

FACTUAL BACKGROUND

In November of 1993, David Naert, a Missouri investor experienced in speculative investments, paid Washington Trust Deed…

2Cases cited18 opinions

  1. Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
  2. W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHadoCourt of Appeals for the Ninth Circuit · 1996
  3. Lazar v. Superior CourtCalifornia Supreme Court · 1996
  4. Moore v. BrewsterCourt of Appeals for the Ninth Circuit · 1996
  5. In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983

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3Cited by6 opinions

  1. B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Competitive Technologies v. Fujitsu Ltd.District Court, N.D. California · 2003
  3. In Re NWFX, Inc.United States Bankruptcy Court, W.D. Arkansas · 2001
  4. Barbee v. Price Waterhouse, LLP (In Re Solar Financial Services, Inc.)United States Bankruptcy Court, S.D. Florida. · 2000
  5. McCoy v. BNC Mortgage, Inc. (In Re McCoy)United States Bankruptcy Court, D. Oregon · 2011

1 more not listed; retrieve them via the Exa API.

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