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· 1/27/2012

Stettner v. Smith (In Re IFS Financial Corp.)

Citations

  • 669 F.3d 255
  • 2012 WL 248385

How courts have described this case

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

  • recognizing that in determining the proper owner of funds deposited into a bank account, “Texas law counsels that the legal titleholder to a bank account is not always the owner of its contents.”
  • noting that, under Texas law, “control over funds in an account is the predominant factor in determining an account’s ownership”
  • applying Texas law, noting scant case law on the issue, and ruling “control is the primary determinant of ownership of bank accounts”
  • finding transfers made under a fraudulent scheme that harmed the creditor body were fraudulent transfers
  • applying Texas law to determine whether, under Section 544(b) of the Bankruptcy Code, bank accounts constituted “an interest of the debtor in property”
  • applying Texas law to determine whether, under Section 544(b) of the Bankruptcy Code, bank accounts constituted “an interest of the debtor in property”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Clement, Southwick

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.