Parker v. Saunders (In Re Bakersfield Westar, Inc.)

How courts have described this case

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

• concluding that the holding in Trans-Lines West “is consistent with the Ninth Circuit’s definition of property”
• finding that debtor’s right to make or revoke its subchapter S status is property of the state
• finding that the debtor had a property interest in its subchapter S status where revocation required estate to pay $400,000 in taxes oth erwise owed by shareholders
• relying on Russell in holding that revocation of the S election was a “transfer” under Bankruptcy Code § 548, but not relying on either Segal or Prudential
• declining to consider debtors’ argument that a fraudulent transfer complaint filed by the chapter 7 trustee in their corporate case violated the stay in their personal bankruptcy case because the argument was not raised in the bankruptcy court
• because the “language of § 548 parallels § 547, ... cases analyzing § 547 have been applied by courts interpreting § 548”

Source: CourtListener parenthetical corpus (CC0).