· 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 CourtListenerSourced 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.