Miller v. Schuman (In Re Schuman)

How courts have described this case

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

• finding no insider status even though the debtor expressed a desire to provide for his children as part of a transfer to his former spouse
• relying on the legislative history of 11 U.S.C. § 101 (31) to hold that transactions between debtors and insiders are to be more closely scrutinized than transactions conducted at arms length
• a former spouse is not related by affinity within meaning of § 101(41)
• “[W]here the underlying facts are undisputed, a [bankruptcy] court is free, on a motion for summary judgment, to determine whether the established facts satisfy the statutory standard.”
• where the underlying facts are undisputed, and the question is whether those facts meet a statutory standard, “it would be more accurate to consider the insider determination as a mixed question of law and fact.”
• “The tests developed by the courts in determining who is an insider focus on the closeness of the parties and the degree to which the transferee is able to exert control or influence over the debtor.”

Source: CourtListener parenthetical corpus (CC0).