Legal Opinion

Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)

United States Bankruptcy Court, S.D. Florida.

Decided October 30, 2009No. 18-24304PublishedCited by 29 opinions

1Opinion of the Court

AMENDED 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOHN K. OLSON, Bankruptcy Judge.

In this adversary proceeding, the Creditors’ Committee seeks to avoid (as fraudulent transfers) and to recover some $500 million in liens granted by certain of the Debtors (the “Conveying Subsidiaries”) less than 6 months before their bankruptcy filings in January 2008 and at a time when the Committee contends that the Conveying Subsidiaries were insolvent. The Committee also seeks to recover some $420 million paid in cash to prior lenders to other Debtors whose loans were paid out as part of the same transaction…

2Cases cited97 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  4. United States v. CraftSupreme Court of the United States · 2002
  5. Rapanos v. United StatesSupreme Court of the United States · 2006

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

3Cited by29 opinions

  1. In Re Chemtura Corp.United States Bankruptcy Court, S.D. New York · 2010
  2. Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
  3. Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In Re Tousa, Inc.)Court of Appeals for the Eleventh Circuit · 2012
  4. Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2011
  5. In re Sadia, S.A. Securities LitigationDistrict Court, S.D. New York · 2010

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

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