Legal Opinion

Liquidating Trustee of App Fuels Creditors Trust v. Bowie Resources, LLC (In re Appalachian Fuels, LLC)

United States Bankruptcy Court, E.D. Kentucky

Decided May 21, 2012No. Bankruptcy No. 09-10343; Adversary No. 11-1003Published

1Opinion of the Court

MEMORANDUM OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

The issue presented in the Bingham Greenebaum Doll LLP1 renewed motion for summary judgment (Doc. 73) is whether the defense of a good faith transferee is a complete bar to liability for the causes of action alleged by The Liquidating Trustee of App Fuels Creditor Trust.

Background

The eight count complaint in this proceeding is based on federal and state law and seeks avoidance and recovery for a number of fraudulent and preferential transfers alleged to have occurred in 2008 and 2009. The complaint includes an allegation that certain…

2Cases cited8 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Steelvest, Inc. v. Scansteel Service Center, Inc.Kentucky Supreme Court · 1991
  4. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  5. Novak v. MetroHealth Medical CenterCourt of Appeals for the Sixth Circuit · 2007

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