Legal Opinion

Burtch v. Masiz (In re Vaso Active Pharmaceuticals, Inc.)

United States Bankruptcy Court, D. Delaware

Decided October 15, 2013No. Case No. 10-10855 (CSS); Adv. Pro. No. 11-52005 (CSS)PublishedCited by 19 opinions

1Opinion of the Court

Chapter 11

OPINION1

Sontchi, J.

INTRODUCTION

Before the Court is a second motion for partial summary judgment filed by Plaintiff, a litigation trustee appointed under Debtor’s confirmed plan of reorganization, against a former officer and director of Debtor. Plaintiff seeks to recover payments made by Debtor to Defendant in the weeks prior to Debtor’s bankruptcy from the proceeds of a settlement payable to the Debtor.

*388Plaintiffs first motion for partial summary judgment, filed on July 13, 2011, sought to recover these payments as fraudulent conveyances.2 That motion was denied, however, in part,…

2Cases cited33 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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3Cited by19 opinions

  1. Stanziale v. Southern Steel & Supply, L.L.C. (In re Conex Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2014
  2. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
  3. Moser v. Bank of Tyler (In re Loggins)United States Bankruptcy Court, E.D. Texas · 2014
  4. Conti v. Perdue Bioenergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2015
  5. Miller v. JNJ Logistics LLC (In re Proliance International, Inc.)United States Bankruptcy Court, D. Delaware · 2014

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