In Re: John Samuel Marlar, Debtor. Renee S. Williams, Trustee v. John Samuel Marlar

How courts have described this case

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

• holding that although res judicata could bar a specific creditor from bringing a fraudulent transfer action that had previously been litigated, the trustee was not barred from relying on the rights of other unsecured creditors in bringing the action
• finding that a creditor who already sued under a state fraudulent transfer act could not benefit from a subsequent suit by a trustee under § 544(b), even though other creditors might
• affirming bankruptcy court con- clusion that ten dollars plus love and affection did not constitute reasonably equivalent value as matter of law
• standing to appeal from bankruptcy court order requires showing that challenged order directly and adversely affects appellant’s pecuniary interests
• “To exercise her § 544(b)(1) avoidance power, the trustee must show that the transfer is voidable under state law by at least one unsecured creditor of the bankruptcy estate with an allowable claim.”
• “[T]he chapter 7 trustee, the general representative of all creditors, may not be bound by collateral estoppel or res judicata to the prior state court proceedings, see Corzin v. Fordu (In re Fordu), 201 F.3d 693 (6th Cir. 1999

Source: CourtListener parenthetical corpus (CC0).