United States Ninth Circuit
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
- Published 2017/03/07
Judges
- SMITH
Court
- United States Ninth Circuit