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· 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 CourtListener

Sourced 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.