· 3/19/2014
Frederick Grede v. FCStone LLC
Citations
- 746 F.3d 244
- 71 Collier Bankr. Cas. 2d 451
- 2014 WL 1041736
- 2014 U.S. App. LEXIS 5169
- 59 Bankr. Ct. Dec. (CRR) 65
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that various pre- and post-petition transfers were not avoidable
- bankruptcy court’s authorization of a post-petition transfer of funds could not be “clarified” retroactively to deem the transfer unauthorized; despite judge’s later regrets, supposed “clarification” of order ran contrary to its plain language
- “A bankruptcy trustee can avoid a transfer of property of the estate that occurs after the commencement of the case if it was not authorized under the bankruptcy code or by the bankruptcy court.”
- “A bankruptcy trustee can avoid a transfer of property of the estate that occurs after the commencement of the case if it was not authorized under the bankruptcy code or by the bankruptcy court.”
- “A bankruptcy trustee can avoid a transfer of property of the estate that occurs after the commencement of the case if it was not authorized under the bankruptcy code or by the bankruptcy court.”
- “To allow an unjust enrichment claim in this context would allow the trustee or a creditor to make an end run around the bankruptcy code’s allocation of assets and losses, frustrating the administration of the bankruptcy estate under federal bankruptcy law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Rovner, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.