Legal Opinion
In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Schulte Roth & Zabel
Court of Appeals for the Fifth Circuit
Decided August 1, 1996No. 95-10872PublishedCited by 162 opinions
1Opinion of the Court
WIENER, Circuit Judge:
In a settlement agreement entered into prior to filing for bankruptcy, Southmark agreed to reimburse a group of dissatisfied, minority-interest shareholders for expenses incurred in connection with their proxy contest and related lawsuits. Southmark now appeals the bankruptcy court’s ruling that this transfer was not “for or on account of an antecedent debt owed by the debtor before such transfer was made” and thus not a preferential transfer under 11 U.S.C. § 547. Southmark also appeals the bankruptcy court’s denial of its leave to file a second amended complaint.…
2Cases cited15 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
- Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- Jacobsen v. OsborneCourt of Appeals for the Fifth Circuit · 1998
- ABC Arbitrage Group v. TchurukCourt of Appeals for the Fifth Circuit · 2002
- Torch Liquidating Trust Ex Rel. Bridge Associates L.L.C. v. StockstillCourt of Appeals for the Fifth Circuit · 2009
- Steven Price, Bruce Laxer, Lance Kuba, and Jeffrey Fishman, on Behalf of Themselves and All Other Similarly Situated Persons v. Pinnacle Brands, Inc.Court of Appeals for the Fifth Circuit · 1998
- Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
157 more not listed; retrieve them via the Exa API.