United States Sixth Circuit

Under 11 USC 548(a)(1) and Tennessee law, funds held in escrow for an attorney's clients constitute an express trust excluded from the debtor's estate, even if they were improperly commingled.

Appellate Information

• Argued 08/10/2001
• Decided 01/18/2002
• Published 01/18/2002

Judges

• Before:  KEITH, KENNEDY, and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michael P. Coury (argued and briefed), Saul C. Belz (briefed), Quitman R. Ledyard (briefed), Waring Cox, PLC, Memphis, TN, for Plaintiff-Appellant.


• For Appellees:
  
• William J. Nissen (argued and briefed), R. Rene Pengra (briefed), Sidley & Austin, Chicago, Illinois, for Defendants-Appellees.