116045P.pdf   12/08/2011  John R. Stoebner  v.  Consumers Energy Company
   U.S. Court of Appeals Case No:  11-6045
                          and No:  11-6046
                          and No:  11-6047
                          and No:  11-6048
                          and No:  11-6049
                          and No:  11-6050
                          and No:  11-6051
   U.S. Bankruptcy Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Federman, Author, with Venters and Nail, Bankruptcy Judges]
   Bankruptcy Appellate Panel. If a trust or agency relationship was
   intended to be created by the agreements between debtor and its
   customers, then defendants were required to prove that debtor honored
   that relationship and treated the funds accordingly; in other words, the
   defendants had to be able to trace the money in order to show that the
   transfers were not preferential and/or fraudulent transfers which the
   trustee could avoid; as the bankruptcy court did not hold defendants to
   this standard, the matter must be reversed and remanded for further
   proceedings; on remand, the bankruptcy court should determine whether
   the contracts between debtor and its customers created a trust relationship
   or a bailment and whether debtor honored that relationship in its treatment
   of its customers' funds.