United States Sixth Circuit

In a bankruptcy adversary proceeding concerning a bank-to-bank transfer of the Debtor's funds, summary judgment for the Trustee is affirmed, where the transfer actually diminished the Debtor's assets and the "earmark" doctrine did not apply, and thus the transfer was of the Debtor's interest in the property.

Appellate Information

• Decided 03/27/2009
• Published 03/27/2009

Judges

• Before:  KENNEDY and BATCHELDER, Circuit Judges;  THAPAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Lawrence G. Reinhold, Weinstein & Riley, Huntington Woods, Michigan, for Appellant.  Louis J. Yoppolo, Shindler, Neff, Holmes, Schlageter & Mohler, Toledo, Ohio, for Appellee.