United States Ninth Circuit

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Schoenmann v. Bank of the West, 14-17090

In an adversary proceeding brought by a chapter 7 bankruptcy trustee, the district court's order affirming the bankruptcy court's summary judgment in favor of the defendant is reversed where courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation when such an inquiry is factually warranted, is supported by appropriate evidence, and the action would not contravene an independent statutory provision.

Appellate Information

  • Decided
  • Published 2017/03/07

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel