Legal Opinion

SPC Plastics Corp. v. Griffith (In Re Structurlite Plastics Corp.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided August 25, 1998No. BAP 97-8096, and 97-8114PublishedCited by 31 opinions

1Opinion of the Court

OPINION

The bankruptcy court granted summary judgment to the Plaintiffs/Appellees in these fraudulent conveyance and equitable subordination actions against the former shareholders in a failed leveraged buyout. We affirm in part, reverse in part, and remand for resolution of disputed facts with respect to the Debtor’s insolvency.

I. Issues on Appeal

A. Whether the Plaintiffs have standing to assert fraudulent conveyance claims against the former shareholders of the Debtor;

B. Whether the Debtor received fair consideration in the leveraged buyout;

*29C. Whether the leveraged buyout rendered the Debtor…

2Cases cited41 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  3. Gene Autrey Adams v. Paul MetivaCourt of Appeals for the Sixth Circuit · 1994
  4. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  5. United States v. NolandSupreme Court of the United States · 1996

36 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Rieser v. Hayslip (In Re Canyon Systems Corp.)United States Bankruptcy Court, S.D. Ohio · 2006
  2. Lyon v. Eiseman (In Re Forbes)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  3. Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp. (In Re Valley-Vulcan Mold Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  4. Slone v. Lassiter (In Re Grove-Merritt)United States Bankruptcy Court, S.D. Ohio · 2009
  5. Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp.Court of Appeals for the Sixth Circuit · 2001

26 more not listed; retrieve them via the Exa API.

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