Legal Opinion
Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance (In re Quebecor World (USA) Inc.)
District Court, S.D. New York
Decided September 28, 2012No. 11 Civ. 7530 (JMF)PublishedCited by 7 opinions
1Opinion of the Court
OPINION AND ORDER
JESSE M. FURMAN, District Judge.
In October 2007, shortly before it filed for bankruptcy, Quebecor World (USA) Inc. (“QWUSA”) paid more than $376 million to purchase and redeem a series of private placement notes that an affiliated company had issued years earlier. The question in this case is whether those payments can be “avoided”&emdash;that is, recaptured as part of the bankruptcy estate&emdash;on the ground that they were “preferential” transfers, or whether they are protected from avoidance as either “settlement payments” or transfers “in connection with a securities…
2Cases cited15 opinions
- Union Bank v. WolasSupreme Court of the United States · 1991
- In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
- In Re Kevin J. Layo. Andrea E. Celli, Trustee-Appellant v. First National Bank of Northern New YorkCourt of Appeals for the First Circuit · 2006
- Enron Creditors Recovery Corp. v. Alfa, S.A.B. De C.V.Court of Appeals for the Second Circuit · 2011
- Contemporary Industries Corp. v. FrostCourt of Appeals for the Eighth Circuit · 2009
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- ACG Credit Co. v. Barquet Group, Inc. (In re Barquet Group, Inc.)District Court, S.D. New York · 2012
- Krol v. Key Bank National Ass'n (In re MCK Millennium Centre Parking, LLC)United States Bankruptcy Court, N.D. Illinois · 2015
- BOKF, NA v. Wilmington Sav. Fund Soc'y, FSB (In re MPM Silicones, L.L.C.)District Court, S.D. Illinois · 2019
- Nature's Products, Inc. v. NXXI Inc.District Court, S.D. New York · 2016
- In re ASPC Corp.United States Bankruptcy Court, S.D. Ohio · 2019
2 more not listed; retrieve them via the Exa API.