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§ 741

In re Fassi

Ruling
Debtors were agents of employer who were eligible under chapter 13 rather than stockholders, as their clients were not "customers."
Procedural posture

Debtors one and two (debtors) filed a voluntary petition under chapter 13 of the United States Bankruptcy Code. The bankruptcy court considered the limited issue of whether the debtors were stockbrokers under 11 U.S.C.S. § 101(53A), were eligible for relief under chapter 13 under 11 U.S.C.S. § 109(e).

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Consumer opinion summary, case decided on May 21, 2013 , LexisNexis #0613-065

Contemporary Indus. Corp. v. Frost

Ruling
Payments to debtor's shareholders in exchange for stock properly held exempt from avoidance as settlement payments.
Procedural posture

Appellants, a corporation and a committee of its unsecured creditors, appealed from a grant of summary judgment in favor of the former shareholders of the corporation. The bankruptcy court concluded, and the U.S. District Court for the District of Nebraska agreed, that the payments were exempt from avoidance as settlement payments within the meaning of a former version of 11 U.S.C.S. § 546(e). The case also implicated 11 U.S.C.S. § 741.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 29, 2009 , LexisNexis #0609-105