In re Pyatt, 486 F.3d 423 (8th Cir. 2007).

Gary D. Bollinger

Case Conclusion Date:January 1, 2007

Practice Area:Bankruptcy / Debt

Outcome:Bankruptcy debtor lost at trial. On appeal, I obtained a reversal of the trial court. The Trustee appealed to the 8th Circuit, but the lower appelate court decision in debtor favor was upheld.

Description:Shortly before filing Ch. 7 bankruptcy, debtor Gary Pyatt wrote checks to pay some routine bills. These checks were cashed shortly after filing. At the creditor’s meeting, the trustee learned the checks were not cashed on the day of filing and, instead of seeking the funds from the companies that cashed the check, demanded reimbursement from debtor, my client. The judge in bankruptcy court agreed with the trustee & ordered Pyatt to pay. As his attorney, I appealed the case to a higher court, the Bankruptcy Appellate Panel.