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Brandt v. Tabet Divito & Rothstein, LLC (In re Longview Aluminum, L.L.C.)

United States Bankruptcy Court, N.D. Illinois

Decided November 24, 2009No. Bankruptcy No. 03 B 12184; Adversary No. 05 A 00888PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This adversary proceeding, involving alleged preferential transfers from the debt- or Longview Aluminum, L.L.C., is before the court for judgment after a trial on stipulated facts. The only issue is whether the single remaining defendant, Dominic Forte, was an “insider” of the debtor, as defined in § 101(31) of the Bankruptcy Code (Title 11, U.S.C.). Although the reported decisions take different positions on the question, the better view is that Forte’s position as one of the five managers of a limited liability company makes him an…

2Cases cited20 opinions

  1. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  2. Helvering v. Morgan's, Inc.Supreme Court of the United States · 1934
  3. In the Matter of Robert P. Krehl, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
  4. In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
  5. Miller v. Schuman (In Re Schuman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

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3Cited by5 opinions

  1. In Re Borders Group, Inc.United States Bankruptcy Court, S.D. New York · 2011
  2. In Re Longview Aluminum, L.L.C.Court of Appeals for the Seventh Circuit · 2011
  3. In re Patriot Coal Corp.United States Bankruptcy Court, E.D. Missouri · 2013
  4. South Canaan Cellular Investments, LLC v. Lackawaxen Telecom, Inc. (In Re South Canaan Cellular Investments, LLC)United States Bankruptcy Court, E.D. Pennsylvania · 2010
  5. Seaver v. Glasser (In re Top Hat 430, Inc.)United States Bankruptcy Court, D. Minnesota · 2016

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