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· 11/29/2011

O'Toole v. Karnani (In Re Trinsum Group, Inc.)

Citations

  • 460 B.R. 379
  • 2011 Bankr. LEXIS 4854
  • 2011 WL 5966123

How courts have described this case

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

  • holding that a note obligation is an antecedent debt and payments pursuant to that note obligations were payments made on account of that antecedent debt
  • stating that the Complaint should include “some sort of ‘balance sheet’ test or information ... that the [cjourt can use to infer that the corporation’s liabilities exceeded their assets at the time the transfers took place”
  • finding complaint containing “net income and net cash flow figures” and alleging that “revenue declined” and “debt levels rose” by specified percentages insufficient
  • dismissing constructive fraudulent transfer claims due to the trustee's failure to sufficiently plead the less than reasonably equivalent value requirement
  • New York’s insolvency test parallels the “balance sheet” test under the United States Bankruptcy Code
  • “Without this information, it is impossible for the Court to reasonably infer whether the transfer was for less than reasonably equivalent value.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arthur J. Gonzalez

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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.