Mishkin Ex Rel. Liquidation of the Business of Adler, Coleman Clearing Corp. v. Ensminger (In Re Adler, Coleman Clearing Corp.)

How courts have described this case

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

• illustrating that only where a company is on its “deathbed” will a court not give the assets a going concern value
• declining to extend section 546(e)’s safe harbor protection to a party implicated in a fraudulent scheme
• imputing broker’s intent to corporation where the broker exercised control over the corporation
• \We may consider evidence uncovered after the advent of bankruptcy to determine the value of the debtor's assets at the time the alleged insolvency occurred.\
• “[W]here a company is on its deathbed, we will value its assets according to what could be obtained at a liquidation sale and not give them a going concern value.” (citation and quotation marks omitted)
• declining to grant safe harbor protection in fraudulent scheme

Source: CourtListener parenthetical corpus (CC0).