Legal Opinion

Henry v. Official Committee of Unsecured Creditors of Walldesign, Inc. (In Re Walldesign, Inc.)

Court of Appeals for the Ninth Circuit

Decided October 2, 2017No. 15-56220, 15-56221PublishedCited by 15 opinions

1Opinion of the Court

Dissent by Judge Nguyen

*959OPINION

MARBLEY, District Judge:

It is said that bad facts make bad law. These appeals test that maxim against the often esoteric backdrop of the Bankruptcy Code. More specifically, the court must decide who is liable for voidable payments in bankruptcy proceedings when a debtor corporation’s sole shareholder, director, and president misappropriates company funds to fuel his own version of “lifestyles of the rich and famous.”

The bankruptcy court held that the Committee of Unsecured Creditors (“the Committee”) could recover the fraudulently transferred funds solely from…

2Cases cited25 opinions

  1. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  2. Patricia Hart v. Larry G. Massanari, Acting Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
  3. In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
  4. Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLPCalifornia Court of Appeal · 2005
  5. In Re Bullion Reserve of North America, a California Corporation, Debtor. Curtis B. Danning, Chapter 7 Trustee v. Michael L. MillerCourt of Appeals for the Ninth Circuit · 1991

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3Cited by15 opinions

  1. Cruickshank v. Dixon (In re Blast Fitness Grp., LLC)United States Bankruptcy Court, D. Massachusetts · 2019
  2. Zazzali v. Goldsmith (In re DBSI Inc.)United States Bankruptcy Court, D. Idaho · 2018
  3. Ahlgren v. MullerDistrict Court, D. Minnesota · 2021
  4. Beatty v. Commissioner of Social SecurityDistrict Court, W.D. Washington · 2022
  5. Bruegge v. AkerUnited States Bankruptcy Court, S.D. Illinois · 2020

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