Stalnaker v. DLC, Ltd. (In Re DLC, Ltd.)

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 trustee may recover the entire transfer, as opposed to only the amount necessary to satisfy the creditors’ claims
• holding that a section 544 claim cannot be defeated by the payment of eligible creditors
• holding that existence of creditors with allowable claims as of petition date was sufficient to permit trustee to pursue section 544 action even if claims were later withdrawn or satisfied
• holding “the ‘estate’ is not synonymous with the concept of a pool of assets to be gathered for the sole benefit of unsecured creditors”
• expressing concern about potential abuse because a transferee of a fraudulent transfer could defeat the bankruptcy trustee by paying a couple of creditors
• reviewing Moore and its progeny and declaring that “ 'improper transfers may be avoided in their entirety, regardless of the relationship between the size of the transfer and the amount of the unsecured claims’ ”

Source: CourtListener parenthetical corpus (CC0).