· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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