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· 3/16/2010

Marathon Petroleum Co. v. Aaron R. Cohe

Citations

  • 599 F.3d 1255
  • 71 U.C.C. Rep. Serv. 2d (West) 302
  • 2010 U.S. App. LEXIS 5452
  • 52 Bankr. Ct. Dec. (CRR) 258
  • 2010 WL 918058

How courts have described this case

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

  • stating the elements as “(1) a post-petition transfer (2) of estate property (3) which was not authorized by the Bankruptcy Code or the court.”
  • stating the elements as “(1) a post-petition transfer (2) of estate property (3) which was not authorized by the Bankruptcy Code or the court.”
  • reiterating Section 549’s two- exception paradigm and holding that “a ‘harmless’ exception to a trustee’s Section 549(a) avoiding powers does not exist.”
  • “Congress knew how to create exceptions based on transferee's status and culpability. But it chose not to do so when it came to initial transferees of post-petition transfers… We will not create such exceptions in Congress's absence.”
  • “Congress knew how to create exceptions based on transferee's status and culpability. But it chose not to do so when it came to initial transferees of [unauthorized] post-petition transfers …. We will not create such exceptions in Congress's absence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Birch, Baldock

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.