· 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 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.