Pre-trial on Fraudulent Transfer Claims Should Stay in Bankruptcy Court While Trial Should Move to District Court, According to Bankruptcy Judge
While Trial Should Move to District Court, According to Bankruptcy Judge A recent opinion out of the U.S. Bankruptcy Court for the S.D.
Guaranty and Mortgage Granted by Debtor to Secure Affiliate’s Loan Voidable as Fraudulent Transfer Due To Inadequate Capital
Voidable as Fraudulent Transfer Due To Inadequate Capital A debtor’s guarantee and granting of a mortgage to secure an affiliate’s loan was...
In re Furniture Factory: Most Fiduciary-Duty and Insider-Debt Claims Against Sun Capital and Former Directors Survive Dismissal
The Delaware bankruptcy court let most of the liquidation trustee's fiduciary-duty and insider-debt claims against Sun Capital and FFO's former directors and officers proceed past the motions to dismiss.
Allegations of Self-Dealing, Uninformed Decisions, and Lack of Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt
Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt Recharacterization or Subordination A complaint filed by a liquidating...
Trustee Fails to Recover Assets Transferred by Debtor’s Wholly Owned Corporation A Chapter 11 liquidation trustee sued to recover assets that were
Corporation A Chapter 11 liquidation trustee sued to recover assets that were transferred post-petition by a corporation that was wholly owned...