Anderson v. Liberty Lobby, Inc.

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Celotex Corp. v. Catrett

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

United States v. Whiting Pools, Inc.

Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

Citizens Bank of Maryland v. Strumpf

Holding that bank's placing an administrative hold on a bankruptcy debtor's account did not violate sections 362 or 362 because the administrative hold did not take something from the bankruptcy debtor, or exercise dominion over property that belonged to the bankruptcy debtor

Hulsey v. Kmart, Inc.

Holding that a cause of action based on a demotion and transfer accrues on the date the employer notifies the employee

In re Patterson

Holding that credit union's act of freezing debtor's funds "constituted an act to exercise control over the property of the bankruptcy estate in violation of Section 362" because the freeze deprived the debtors "of any control of those funds and invested exclusive control in the [c]redit [u]nion."

In re Amdura Corp.

Holding that in the Tenth Circuit there is a presumption that "deposits in a bank to the credit of a bankruptcy debtor belong to the entity in whose name the account is established"

O'Connor v. Smith

Upholding grant of summary judgment where “[t]here was no genuine dispute of any material fact, and the plaintiffs were entitled to judgment as a matter of law because they established the necessary elements for a permanent injunction”

In re Flynn

Recognizing "the inconsistency in the application" of §542(b) and §362

In re Amdura Corp.

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Section 362 - Automatic stay

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Section 101 - Definitions

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Section 541 - Property of the estate

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Section 522 - Exemptions

Granting debtor power to avoid judicial lien that impairs exemption

Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

Section 363 - Use, sale, or lease of property

Granting trustee authority, after notice and hearing, to sell property of estate

Section 542 - Turnover of property to the estate

Governing turnover of property of the estate

Section 553 - Setoff

Granting creditors power to exercise setoff rights in certain circumstances

Section 1930 - Bankruptcy fees

Providing that "the Judicial Conference of the United States shall require [Chapter 11 debtors] to pay fees equal to those imposed" in Trustee districts