IN RE COHEN

No. 01-16080.

300 F.3d 1097 (2002)

In re: Cynthia COHEN, Debtor. Robert P. Abele, Trustee/Movant, Appellant, v. Modern Financial Plans Services, Inc., Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2002.


Attorney(s) appearing for the Case

Terry A. Dake, Terry A. Dake, LTD., Phoenix, AZ, for appellant.

Stanley M. Hammerman, Hammerman & Hultgren, P.C., Phoenix, AZ, for appellee.

Before: LAY, THOMPSON, and TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge.

In a case of first impression in this Circuit we are called upon to determine whether the person listed on the purchaser line of a cashier's check exercises dominion over the funds for the purpose of determining who may be subject to a voidable preference in a bankruptcy adversary action. Robert P. Abele, the debtor's Trustee, seeks to avoid a fraudulent transfer, under 11 U.S.C. § 548, which was made to settle a debt owed to appellee...

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