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· 3/2/1983

In Re Roco Corporation, D/B/A Standard Supply Company, Debtor. Edward Consove v. Avram Cohen

Citations

  • 701 F.2d 978
  • 8 Collier Bankr. Cas. 2d 457
  • 1983 U.S. App. LEXIS 29992
  • 10 Bankr. Ct. Dec. (CRR) 275

How courts have described this case

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

  • upholding factual finding of actual fraud where stock was redeemed by an insolvent corporation because “[fraudulent intent does not require an intent to run the company aground; it requires merely an intent to hinder or defraud creditors.”
  • under GAAP, a redemption of treasury shares should be reported as a reduction of stockholders equity, as it reduces a company’s capitalization
  • where fraudulent intent of the transferee may be imputed to the transferor where the transferee is in a position to control the disposition of the property
  • where fraudulent intent of the transferee may be imputed to the transferor where the transferee is in a position to control the disposition of the property
  • factual issue to be reviewed for clear error
  • factual issue to be reviewed for clear error

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Bownes, Smith

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.