· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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