Weiss v. People Savings Bank (In Re Three Partners, Inc.)

How courts have described this case

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

• holding that the trustee was not allowed to recover payments from prepetition collateral because the creditor enjoyed a secured position on the collateral and there was no reason to compel turnover.
• concluding that a trustee could not avoid payments debtor made to bank out of the proceeds of prepetition collateral because the bank had a first secured position on that collateral and any recovery would ultimately be paid to the bank and not benefit the estate
• “[t]he ‘equities of the ease’ language is intended to, in appropriate cases, afford unsecured creditors the opportunity to surcharge collateral of secured creditors. It is not an opportunity for a creditor without a postpetition lien to obtain one.”

Source: CourtListener parenthetical corpus (CC0).