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· 4/27/1988

Arnold L. Kupetz, Trustee v. Morris A. Wolf, Raviel Wolf, the Marmon Group, Incorporated, Defendants

Citations

  • 845 F.2d 842
  • 1988 U.S. App. LEXIS 5627
  • 17 Bankr. Ct. Dec. (CRR) 941
  • 1988 WL 37710

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying Section 548 and the Ohio statute, Ohio Rev.Code, Sect. 1336.01 et seq.
  • contrasting court decisions “ratifying” LBOs with decisions finding transactions to be fraudulent transfers
  • refusing to find LBO was a fraudulent conveyance “in this case”
  • trustee had standing to attack payments to selling shareholders made after creditors were in existence if “at the time the payments were made, the corporation did not have enough retained earnings”
  • “Section 544(b) of the Bankruptcy Code per- mits the Trustee to stand in the shoes of a creditor to assert any state law claims that a creditor may have.”
  • management errors after LBO no basis for fraudulent conveyance claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Sneed, Pregerson, Kozinski

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.