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· 10/31/1996

In Re Southeast Hotel Properties Limited Partnership

Citations

  • 99 F.3d 151
  • 36 Collier Bankr. Cas. 2d 1649
  • 1996 U.S. App. LEXIS 28265
  • 29 Bankr. Ct. Dec. (CRR) 1202

How courts have described this case

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

  • noting that “the dominion and control test set forth in Bonded requires legal dominion and control”
  • stating that the bankruptcy court’s factual findings are reviewed for clear error
  • rejecting debtor’s con- tention that transactions were in \ordinary course of business\ because debtor failed to show they were common practice in industry or that creditors could reasonably expect them
  • explaining how corporate principal “caused an employee . . . to create certain false documents to reflect the disbursement of $22,500 as refunds of guests’ deposits for group tours booked with [debtor hotel]” to hide skimming for personal gain
  • an entity for whose benefit the transfer was made is essentially someone who receives a benefit but no money
  • transferee “was placed on notice that the funds were drawn from a debtor’s accounts” since debtor was listed as remitter

Source: CourtListener parenthetical corpus (CC0).

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