Legal Opinion
Wallach ex rel. Bankruptcy for Northstar Development Corp. v. Buchheit (In re Northstar Development Corp.)
United States Bankruptcy Court, W.D. New York
Decided February 10, 2012No. Nos. 08-10689 B, AP 08-1074 BPublishedCited by 9 opinions
1Opinion of the Court
CARL L. BUCKI, Chief Judge.
In this adversary proceeding, the Chapter 7 trustee seeks two forms of relief: first, the avoidance of transfers to the principal of the debtor; and second, the subordination of his claims to the claims of other unsecured creditors. The demand for avoidance speaks to the fine distinctions between a fraudulent conveyance under section 548 of the Bankruptcy Code and a similar cause of action under New York’s version of the Uniform Fraudulent Conveyance Act. The central issues include whether a fraudulent conveyance can arise from payments made on account of secured…
2Cases cited11 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- 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
- United States v. NolandSupreme Court of the United States · 1996
- In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
- Farm Stores, Inc. v. School Feeding Corp.Appellate Division of the Supreme Court of the State of New York · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mantle v. N. Star Energy & Constr. LLCWyoming Supreme Court · 2019
- In re EddyUnited States Bankruptcy Court, M.D. Florida · 2017
- Al-Naji v. Al-Naji (In re Al-Naji)United States Bankruptcy Court, W.D. New York · 2014
- Brick v. Conti (In re Conti)United States Bankruptcy Court, W.D. New York · 2017
- SSC NY Corp. v. Computershare Inc.Appellate Division of the Supreme Court of the State of New York · 2024
4 more not listed; retrieve them via the Exa API.