Moran v. Hong Kong & Shanghai Banking Corp. (In Re Deltacorp, Inc.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON TRUSTEE’S MOTION TO AMEND AND BANK’S MOTION FOR SUMMARY JUDGMENT
TINA L. BROZMAN, Bankruptcy Judge.
Much has been written about whether and when substantive consolidation is appropriate. But considerably less guidance exists regarding the effect of an order substantively consolidating estates. It is in this grayer area that the dispute in this adversary proceeding arises. The chapter 11 trustee for the consolidated estates moves to amend his complaint to assert that a payment made by one of the debtors was constructively fraudulent and is thus recoverable from the bank which…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Foman v. DavisSupreme Court of the United States · 1962
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
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