Legal Opinion
Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided December 22, 2016No. CASE NO. 14-23126-EPK; ADV. PROC. NO. 16-01214-EPKPublishedCited by 7 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Erik P. Kimball, Judge, United States Bankruptcy Court
THIS MATTER came before the Court upon Bank Leumi’s Motion to Dismiss Amended Complaint (the “Motion to Dismiss”) [ECF No. 18] filed by Bank Leumi, USA (the “Defendant”), and the response and reply related thereto [ECF . Nos. 40 and 32].
This is an action in which the chapter 7 trustee seeks to avoid several payments by a corporate debtor to its commercial lender, including regular payments under and payoff of the loan, allegedly made with actual intent to hinder, delay or defraud creditors. The…
2Cases cited12 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust CompanyCourt of Appeals for the Second Circuit · 2005
- Wagner v. Daewoo Heavy Industries America Corp.Court of Appeals for the Eleventh Circuit · 2002
- Reves v. Ernst & YoungSupreme Court of the United States · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Furr v. TD Bank, N.A. (In re Rollaguard Sec., LLC)United States Bankruptcy Court, S.D. Florida. · 2018
- Furr v. TD Bank, N.A. (In re Rollaguard Security, LLC)United States Bankruptcy Court, S.D. Florida. · 2017
- Furr v. TD Bank, N.A. (In re Rollaguard Security, LLC)United States Bankruptcy Court, S.D. Florida. · 2017
- Barbee, as Liquidating Trustee v. Amerant Bank, National AssociationUnited States Bankruptcy Court, S.D. Florida. · 2020
- Dillworth v. Mahecha DiazUnited States Bankruptcy Court, S.D. Florida. · 2021
2 more not listed; retrieve them via the Exa API.