Casey v. Rotenberg (In re Kenny G. Enterprises, LLC)

AMENDED ORDER REVERSING AND REMANDING BANKRUPTCY COURT’S DECISION

OTIS D. WRIGHT, II, District Judge.

I. INTRODUCTION

The Bankruptcy Code, found in Title XI of the United States Code, provides a bankruptcy trustee with a panoply of powers to discharge her statutory duties to administer the estate. These powers include the ability to challenge certain alleged fraudulent transfers so that the trustee can bring the property back into the estate for the benefit of outstanding creditors. But these powers have their limits.

Congress codified one such avoidance provision at 11 U.S.C. § 544(b). The…