Nisselson v. Drew Industries, Inc. (In Re White Metal Rolling & Stamping Corp.)

How courts have described this case

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

• finding that in the absence of a tax allocation agreement, a subsidiary which paid the tax and incurred the loss was entitled to the refund
• suggesting that “the payment to an insider on account of,past due management fees lacks fair consideration” under New York law, but making no mention of timely management fees (emphasis added)
• the complaint must give the defendants sufficient notice to prepare an answer, frame discovery and defend against the charges
• “[A] transfer made by an insolvent debtor to an affiliate or insider in satisfaction of an antecedent debt lacks good faith and is constructively fraudulent” (collecting cases)
• “Since a bankruptcy trustee rarely has personal knowledge of the events preceding his appointment, he can plead fraud based upon information and belief provided he pleads the basis of his belief.”
• “Since a bankruptcy trustee rarely has personal knowledge of the events preceding his appointment, he can plead fraud based upon information and belief provided he pleads the basis of his belief.”

Source: CourtListener parenthetical corpus (CC0).