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· 1/4/1991

In Re Bullion Reserve of North America, a California Corporation, Debtor. Curtis B. Danning, Chapter 7 Trustee v. Michael L. Miller

Citations

  • 922 F.2d 544
  • 91 Cal. Daily Op. Serv. 244
  • 24 Collier Bankr. Cas. 2d 698
  • 91 Daily Journal DAR 175
  • 1991 U.S. App. LEXIS 42
  • 21 Bankr. Ct. Dec. (CRR) 326
  • 1991 WL 147

How courts have described this case

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

  • noting that a subsequent transferee cannot be an entity for whose benefit the initial transfer was made, even if the subsequent transferee actually receives a benefit from the initial transfer
  • discussing both the dominion test and the control test but ultimately selecting and relying exclusively on the \dominion test\
  • discussing both the dominion test and the control test but ultimately selecting and relying exclusively on the “dominion test”
  • where recipient of money had contractual obligation to immediately transfer funds, he was not initial transferee even though the funds were eventually spent for his benefit
  • a subsequent transferee cannot be an entity for whose benefit the initial transfer was made, even if the subsequent transferee actually receives a benefit from the initial transfer
  • court holding that the transfer must have been for the entity’s benefit and that such benefit be a result of the initial transfer from the debtor and not some subsequent transfer

Source: CourtListener parenthetical corpus (CC0).

Judges: Boochever, Beezer, Trott

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.