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United States Ninth Circuit


Universal Serv. Admin. Co. v. Post-Confirmation Comm. of Unsecured Creditors of Incomnet Communications Corp., 03-56736

A decision by the bankruptcy appellate panel, holding that a non-profit corporation incorporated to collect, pool, and disburse the universal service support funds contributed by telecommunications carriers (USAC) was a transferee under 11 U.S.C. sections 547 and 550, is affirmed where USAC had "dominion" over a bankruptcy debtor's universal service support contributions and was therefore a transferee under section 550(a)(1).

Appellate Information

  • Argued 05/04/2005
  • Decided 09/20/2006
  • Published 09/20/2006

Judges

  • BYBEE, Circuit Judge:, Before:  BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jonathan T. Cain, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., Reston, VA, for the appellant.

  • For Appellees:
  • Michael R. Adele, Evan D. Smiley, Kyra E. Andrassy, and Michael J. Heyman, Albert, Weiland & Golden, LLP, Costa Mesa, CA, for the appellee.
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