In Re Arthur R. Miller and Janet E. Miller, Debtors. Equitable Bank v. Arthur R. Miller, and Janet E. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a pre- bankruptcy preferential transfer to a creditor was not fraudulent and was distinguishable from pre-bankruptcy transfers to a non-creditor or a family member which “merit closer scrutiny”
• finding that a transfer of property for less than the appraised value was reasonable given the debtors’ need to turn illiquid assets into liquid assets
• stating that the objecting creditor has the burden of proving each element of the non- dischargeable test “by a preponderance of the evidence”
• stating that the objecting creditor has the burden of proving each element of the non- dischargeable test “by a preponderance of the evidence”
• concluding bankruptcy court’s finding of lack of intent to deceive not clearly erroneous despite fact that debtor failed to list $1.5 million in promissory notes in financial statement
• stating that a reviewing court must defer to the bankruptcy court’s credibility determinations

Source: CourtListener parenthetical corpus (CC0).