1. Home
  2. Browse Decisions
  3. F.2d
  4. 917 F.2d
  5. 917 F.2d 424 (1990)
 

IN RE FIRST CAPITAL MORTG. LOAN CORP.

No. 87-1748.

917 F.2d 424 (1990)

In re FIRST CAPITAL MORTGAGE LOAN CORPORATION, a Utah Corporation, Debtor. RESEARCH-PLANNING, INC., Plaintiff-Appellant, v. Roger G. SEGAL, Trustee of First Capital Mortgage Loan Corporation, a Utah corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 20, 1990.

Attorney(s) appearing for the Case

Claron C. Spencer and Dale E. Anderson, of Spencer & Anderson, Salt Lake City, Utah, for plaintiff-appellant.

John T. Morgan and Julie A. Bryan, of Cohne, Rappaport & Segal, P.C., Salt Lake City, Utah, for defendant-appellee.

Before HOLLOWAY, Chief Judge, and SETH, McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

This case presents the question whether funds placed in escrow with the debtor, who improperly used them to pay debts owed to a good faith creditor, constitute part of the bankruptcy estate when recovered by the trustee in settlement of a preference action.1 A divided panel of our court reversed the decision of the bankruptcy and district courts and held that these funds never became part of the bankruptcy estate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases