Legal Opinion
Custom Food Group, LP v. McCulloch (In re Wilson)
United States Bankruptcy Court, N.D. Texas
Decided March 16, 2015No. Case No. 11-50396-RLJ-7; Adversary No. 14-05018PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
Robert L. Jones, United States Bankruptcy Judge
Sections 548 and 544 (with § 544 incorporating state law) of the Bankruptcy Code provide that a trustee may avoid a debtor’s fraudulent transfer. Such provisions are raised in this action brought by Custom Food Group, LP (CFG) against Jonell McCulloch; CFG is a creditor of the debtors in the underlying bankruptcy case, Rodney and Donna Wilson. McCulloch moves to dismiss CFG’s complaint, contending that CFG, as a creditor, does not have standing to bring this action.
I
This suit stems from the alleged sale of a house the Wilsons…
2Cases cited16 opinions
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
- Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- Schertz-Cibolo-Universal City, Independent School District v. Wright (In Re Educators Group Health Trust)Court of Appeals for the Fifth Circuit · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cline v. Heller Draper & Horn, LLCUnited States Bankruptcy Court, E.D. Louisiana · 2023
- Cline, III v. Heller Draper & Horn, LLCUnited States Bankruptcy Court, E.D. Louisiana · 2023
- D'Arcangelo v. The Funded Trader LLCDistrict Court, W.D. Texas · 2025
- Dominion Group, LLCUnited States Bankruptcy Court, E.D. Louisiana · 2023
- Miller v. StuartDistrict Court, E.D. Louisiana · 2025
3 more not listed; retrieve them via the Exa API.