In Re N. Eddie Montgomery and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLemore Trustee v. Third National Bank in Nashville

How courts have described this case

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

• concluding that debt- or exercised control over funds because he could choose how to spend them
• explaining that the “economic substance” was the same as if the bank had handed the debtor currency which he promptly applied against his debt
• explaining that the “economic substance” was the same as if the bank had handed the debtor currency which he promptly applied against his debt
• “[Ejarmarking does not assist in defining the elements of a preference under § 547(b
• “[W]here the borrowed funds have been specifically earmarked by the lender for payment to a designated creditor, there is held to be no transfer of property of the debtor even if the funds pass through the debtor’s hands in getting to the selected creditor”

Source: CourtListener parenthetical corpus (CC0).