· 10/23/1995
MFS/Sun Life Trust-High Yield Series v. Van Dusen Airport Services. Co.
Citations
- 910 F. Supp. 913
- 1995 U.S. Dist. LEXIS 15694
- 1995 WL 622715
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the sale of one’s ownership of a business does not raise an inference of fraud”
- finding that an unproven tax benefit and a $10 million reasonably equivalent value of revolving credit line could not be reasonably equivalent to $26.8 million in net additional debt
- stating that for capital adequacy, “a court must consider the reasonableness of the company’s projections, not with hindsight, but with respect to whether they were prudent when made”
- finding collapsing an LBO appropriate where \all parties to each subsidiary transfer were aware of the overall leveraged buyout\
- considering external factors affecting a company when assessing adequacy of capital
- “Policy issues aside, there is nothing in the language of fraudulent conveyance statutes that renders them inapplicable to LBOs.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Francis, Courts
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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