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· 12/24/1998

Leonard v. First Commercial Mortgage Co. (In Re Circuit Alliance, Inc.)

Citations

  • 228 B.R. 225
  • 1998 Bankr. LEXIS 1800
  • 33 Bankr. Ct. Dec. (CRR) 800

How courts have described this case

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

  • finding managing agent failed to sustain burden to show value where payments from corporation were not authorized for his personal expenses
  • identifying banks, escrow and title companies, securities or investment brokers, and attorneys holding client monies in escrow, trust, or on deposit as “ ‘mere conduits’ ”
  • “unfettered legal right to use the funds for the possessor’s own purposes and benefit”
  • “Generally, ‘mere conduits’ hold transferred funds via escrow, trust, or deposit, and do so only in the status of commercial or professional intermediaries for the parties that actually hold or receive a legal right, title, or interest.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregory F. Kishel

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.