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· 8/17/1995

General Electric Capital Auto Lease, Inc. v. Broach (In Re Lucas Dallas, Inc.)

Citations

  • 185 B.R. 801
  • 95 Daily Journal DAR 12382
  • 34 Collier Bankr. Cas. 2d 1095
  • 1995 Bankr. LEXIS 1257
  • 27 Bankr. Ct. Dec. (CRR) 955
  • 1995 WL 526438

How courts have described this case

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

  • recognizing that bankruptcy trustees lack standing to assert actions against parties on behalf of creditors
  • holding that two-year statute of limitations for bringing fraudulent transfer proceedings does not begin to run until election or qualification of permanent trustee at creditor’s meeting
  • noting that the California UFTA “only 25 confers standing upon a ‘creditor’ of the debtor” citing Cal. 26 Civ. Code § 3439.07(a)
  • finding “that the principal of a corporate debtor does not become a ‘transferee’ by the mere act of causing the debtor make a fraudulent transfer”
  • “section 546(a)(1) begins running only on the date of the section 341 meeting”
  • principal of corporate debtor not transferee where principal caused debtor to make fraudulent transfer

Source: CourtListener parenthetical corpus (CC0).

Judges: Hagan, Volinn, Russell

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.