Jubber v. Bank of Utah



April 15, 2014:  In Jubber v. Bank of Utah (In re C.W. Mining Co.), Case No. 12-4174 (April 15, 2014), the United States Court of Appeals for the Tenth Circuit ruled in favor of our client Bank of Utah on all issues in a Utah bankruptcy trustee’s avoidance action seeking recovery of a post-petition transfer made in partial satisfaction of the bank’s fully secured claim.  The Court rejected the bankruptcy trustee’s theories seeking recovery under Bankruptcy Code Sections 549, 550, 542, and 362 (Steven J. McCardell (argued) and Jessica G. Peterson and David F. Klomp (on brief)).


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