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· 7/25/2008

Silverman v. Sound Around, Inc. (In Re Allou Distributors, Inc.)

Citations

  • 392 B.R. 24
  • 2008 Bankr. LEXIS 2161
  • 50 Bankr. Ct. Dec. (CRR) 94
  • 2008 WL 2946001

How courts have described this case

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

  • explaining that “[u]nder Section 544(b)(1), a trustee’s standing is ‘completely derivative of [that] of an actual unsecured creditor’ and depends on his alleging and proving that an actual creditor exists that satisfies both of these requirements.”
  • collecting cases and noting that where a creditor was continuously owed money the claim outstanding at the time of the transfer at issue need not be the same as the claim existing as of the petition date

Source: CourtListener parenthetical corpus (CC0).

Judges: Elizabeth S. Stong

Read full opinion on CourtListener

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.