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Thomas D. Stalnaker, Trustee v. George Allison, Jr. (In re Tri-State Fin'l, LLC), Ch. 11, BK08-83016, A10-8052-SH (Jan. 13, 2015)

On remand, with no party requesting the court to recall witnesses for further testimony, the bankruptcy court reviewed the transcript and recordings of the original trial and concluded that the funds at issue were property of the debtor's bankruptcy estate rather than simply held in trust for a group of investors. The funds fall within the scope of a lender's security agreement, so the lender's claim is entitled to priority over the claim of the bankruptcy estate's unsecured creditors.

Date: 
Tuesday, January 13, 2015
Judge: 
Judge Shon Hastings