Michalski v. State Bank & Trust (In Re Taco Ed's, Inc.)

How courts have described this case

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

• holding that absent an authorization to deposit corporate checks into personal accounts in a corporate capacity, endorsements were forgeries
• holding that “it is well established” that perfection of a security interest may be avoided under Section 547
• actions taken in violation of the automatic stay were sanctionable notwithstanding the fact that creditor purportedly relied upon advice of counsel
• “where the obligation [of the debtor] is not owed by the debtor, there is no transfer which is subject to recovery under 11 U.S.C. § 547(b)”
• sale of estate property by third party, despite knowledge of the district court’s injunction prohibiting disposition of assets by entities in possession of debtor’s property, evidenced wilful violation of § 362(a)(3)
• “It is well established that an entity in possession of estate property which also has a security interest in that property is entitled to receive adequate protection as a precondition to any turnover which may be required under 11 U.S.C. § 542” [emphasis added]

Source: CourtListener parenthetical corpus (CC0).