Hall v. Sunshine Mining Co. (In Re Sunshine Precious Metals, Inc.)

How courts have described this case

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

• holding claim for state law fraudulent conveyance is a general claim applicable to all creditors and not just the plaintiff
• finding that “[c]ases denying standing to creditors attempting to recover property of the estate predate not only the Bankruptcy Code, but even the Bankruptcy Act of 1898”
• Seetion 174(a) of the Delaware Corporation Law is a derivative claim that the trustee has standing to assert.
• creditor lacks standing to assert state law claims against third party, where injury is general to all creditors of the debtor
• “A creditor of a debtor does not have standing to assert an action against a third party if the creditor has only suffered a general injury....”
• court applied Texas Fraudulent Transfer Act to fraudulent transfer claim and Delaware law to an unlawful dividend claim arising out of a Delaware corporation’s transfer of assets to its sole shareholder

Source: CourtListener parenthetical corpus (CC0).