Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)
United States Bankruptcy Court, S.D. Florida.
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
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- United States v. CraftSupreme Court of the United States · 2002
- Rapanos v. United StatesSupreme Court of the United States · 2006
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3Cited by29 opinions
- In Re Chemtura Corp.United States Bankruptcy Court, S.D. New York · 2010
- Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
- Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In Re Tousa, Inc.)Court of Appeals for the Eleventh Circuit · 2012
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2011
- In re Sadia, S.A. Securities LitigationDistrict Court, S.D. New York · 2010
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