World Civ 1 > Chapter 2 - Ancient China > Flashcards Flashcards in Chapter 2 - Ancient China Deck (48) 0 17 In , a Chinese former found life-size clay soldiers that came from Decks in World Civ 1 Class (4): Chapter 1 Pre History/Ancient Near East Chapter 2 Ancient China. Aug 26, · 1. World Metals, Inc. ("World Metals") is an Ohio corporation that filed a voluntary chapter 7 bankruptcy petition on January 31, 2. E. William Glause was the president of World Metals and also a fifty-seven percent shareholder in the corporation. 3. World History French Revolution (chapter 17 and/or 18) STUDY. PLAY. Old Regime. socio-political system which existed in most of Europe during the 18th century Countries were ruled by absolutism - the monarch had absolute control over the government. Who paid taxes, privileged or unprivileged people.
Related videosThe Chapter 13 Bankruptcy Process - Learn About Law
The commencement of a bankruptcy case creates an estate. This provision of the Bankruptcy Code was intended by Congress to be broad in its scope. Forbes v. Lucas In re Lucas , F. If a third party is in possession of property of a bankruptcy estate, that third party is obliged to turn over such property to the trustee. The parties do not appear to dispute that each of the Checks made payable to World Metals would be property of this bankruptcy estate to the extent that World Metals still had a right to those Checks or the proceeds thereof when its bankruptcy case was filed.
However, as discussed more fully below, whether Huntington is in possession of such property is an issue of disputed, material fact. In fact, Huntington specifically takes issue with whether debtor has any rights to such checks. See Def. Memo in Opp. Based upon the foregoing, the Court finds that there exists a genuine dispute over material facts as to Count One of plaintiff-trustee's complaint.
Accordingly, summary judgment on that count is not appropriate. In Count Two of her complaint, plaintiff-trustee contends that defendant failed to properly inquire as to whether Ms. Woolard-Glause had any authority to present the Checks for deposit into the Woolard-Glause Account and that, due to such failure, Huntington is liable to debtor. Huntington contends that, to the extent the complaint is alleging a common law negligence claim, such claim is preempted by the Uniform Commercial Code the "U.
Memo in Supp. In order to facilitate resolution of commercial disputes, the drafters of the U. See Bryan D. See also O. Even in situations where a specific result is not provided, the U.
However, the U. Accordingly, it is unclear whether plaintiff-trustee is trying to advance a negligence claim based solely upon Ohio common law. Based upon the foregoing, the consideration of summary judgment on Count Two of the complaint is not appropriate at this time. The Court will permit plaintiff-trustee to amend Court Two of her complaint to more clearly set forth the relief she is seeking and the specific law she is relying upon for such relief.
After that amendment is filed, defendant may with prior permission of the Court and, if applicable renew its motion for summary judgment as to Count Two. If plaintiff-trustee does not so amend Count Two by the date specified in a Scheduling Order which will be entered separately in this proceeding, judgment on Count Two, for failure to state a claim upon which relief can be granted, will be entered.
In Count Three of her complaint, plaintiff-trustee contends that the Checks, which were deposited into the Woolard-Glause Account, were not properly payable and that, therefore, Huntington violated O. That provision of the O. See 6 Anderson U. The only account at issue in this adversary proceeding is the one between Huntington and its "customer," Patrice Woolard-Glause, 7 and there has been no allegation by plaintiff-trustee that she is in privity with Ms.
Woolard-Glause relative to that account. Based upon the foregoing, the Court finds that plaintiff-trustee does not have standing to bring Count Three of the complaint. Accordingly, plaintiff-trustee's motion for summary judgment as to Count Three is not well taken and will be denied and defendant's motion for summary judgment as to Count Three is well taken and will be granted.
In Count Four of her complaint, plaintiff-trustee contends that by allowing Ms. In her motion for summary judgment plaintiff-trustee states:.
Section It is unclear as to why, in her complaint and her motion for summary judgment, plaintiff-trustee references only subsection C of O. See O. Because Huntington would, under the facts of this case, be the depository bank as it was the first bank to take the Checks, see O. Given that Huntington has not taken issue with plaintiff-trustee's reference to only subsection C of O.
At least two defenses may be asserted against a claim of conversion of a negotiable instrument: 1 if the payee of the instrument is an employer and the forgery was accomplished by an employee entrusted by the payee with responsibility for the instrument and 2 if the forgery was enabled by the negligence of the payee.
Gabbard, 94 Ohio App. Wells Fargo Bank, Ariz. Inherent in each of these defenses are issues of fact which are still in dispute in this case and which must be resolved prior to determining whether and to what extent a payee may recover from a bank. Huntington does, however, set forth the following affirmative defenses in its answer, which when viewed in the light most favorable to Huntington as the non-moving party, could be construed as raising defenses to plaintiff-trustee's conversion claim:.
Answer at pg. As noted above, whether or not such defenses are valid raise issues of material fact which are still in dispute in this case. Accordingly, summary judgment cannot be granted as to Count Four of plaintiff-trustee's complaint. In Count Five of her complaint, plaintiff-trustee contends that Huntington failed to exercise ordinary care in accepting the Checks for deposit and that such failure to observe reasonable commercial standards substantially contributed to the loss incurred by World Metals.
In her motion for summary judgment, plaintiff-trustee states the following as to this count:. As accurately noted in defendant's response to plaintiff-trustee's motion for summary judgment, such statement sets forth unsupported factual assertions which are both material to the outcome of this adversary proceeding and the subject of dispute. Accordingly, summary judgment cannot be granted as to Count Five plaintiff-trustee's complaint.
In Count Six of her complaint, plaintiff-trustee contends that Huntington is not a holder in due course pursuant to O. As accurately noted by Huntington in its motion for summary judgment, O. Instead, that statutory provision merely states that an ordinary holder as opposed to a holder in due course takes an instrument subject to certain defenses.
In her motion for summary judgment, plaintiff-trustee merely recites the text of O. See Pl. Plaintiff-trustee does not provide any explanation as to how these statutory defenses would somehow provide her with an affirmative right to pursue Huntington. Accordingly, plaintiff-trustee's motion for summary judgment as to Count Six is not well taken and will be denied and defendant's motion for summary judgment as to Count Six is well taken and will be granted.
In Count Seven of her complaint, plaintiff-trustee contends that Huntington allowed for the breach of transfer warranties and all warranties providing for good title of the Checks.
Although Ohio has adopted the U. Enterprises, Inc. Nye, 37 Ohio St. Transfer warranties do not extend to a check payee, such as World Metals, because a check payee is not a transferee within the check negotiation chain. See Tricon Roofing, Inc. Gabor's Dunham Fast Check, Inc. June 12, Based upon the foregoing, the Court finds that World Metals may not allege violations of transfer warranties as to the Checks and, as such, that plaintiff-trustee does not have standing to bring a cause of action for the breach of those warranties.
Accordingly, plaintiff-trustee's motion for summary judgment as to Count Seven is not well taken and will be denied and defendant's motion for summary judgment as to Count Seven is well taken and will be granted.
In Count Eight of her complaint, plaintiff-trustee contends that in depositing the Checks into her personal account Ms. AP Exams. GCSE Exams. Graduate Entrance Exams. University Entrance Exams. Driver's Ed. Financial Exams. Military Exams. Technology Certifications. Other Certifications. Other Foreign Languages. Cellular Biology. Earth Science. Environmental Science.
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