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