· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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