Weiner v. A.G. Minzer Supply Corp. (In Re UDI Corp.)

How courts have described this case

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

• noting that “control” over commingled funds for preference purposes means the “unfettered” right to use the funds
• noting that \control\ over commingled funds for preference purposes means the \unfettered\ right to use the funds
• noting it would be “paradoxical” to elevate a bankruptcy debtor’s legal interest in property to an equitable interest based on the bankruptcy debtor’s unauthorized actions
• noting it would be \paradoxical\ to elevate a bankruptcy debtor's legal interest in property to an equitable interest based on the bankruptcy debtor's unauthorized actions
• “‘Control’ over commingled funds, for preference purposes, means the ‘unfettered’ right to use the funds. . . . ‘Control’ does not mean the ability to steal the money, or use it for personal purposes in breach of duty.”
• “In the so-called ‘true conduit’ cases, courts have held that property merely passing through the debtor is not property of the estate, that the Debtor arguably never acquires either ‘bare legal’ or equitable title, but simply a ‘possessory’ interest.”

Source: CourtListener parenthetical corpus (CC0).