State Bank & Trust Co. v. Spaeth (In Re Motorwerks, Inc.)

How courts have described this case

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

• stating that Civil Rule 9(b), incorporated into adversary proceedings under Bankruptcy Rule 7009, requires pleading of fraud with particularity
• noting that in pari delicto defense was not defeated by adverse interest exception because alleged wrongdoer was the sole owner and principal officer of the debtor
• “... § 544(a) does not confer standing on a trustee to bring creditors’ tort actions under state law such as the Trustee’s aiding and abetting claims in this case.”

Source: CourtListener parenthetical corpus (CC0).