Legal Opinion
Enron Corp. v. Credit Suisse First Boston International (In Re Enron Corp.)
United States Bankruptcy Court, S.D. New York
Decided July 29, 2005No. 19-10623PublishedCited by 9 opinions
1Opinion of the Court
OPINION DENYING DEFENDANTS’ MOTION TO DISMISS COMPLAINT
ARTHUR J. GONZALEZ, Bankruptcy Judge.
The matter before the Court is a motion to dismiss a complaint filed by a debtor in which the debtor asserts that certain transfers made by it are avoidable, pursuant to section 547 of the Bankruptcy Code, as preferential transfers and that certain of the payments are avoidable, pursuant to sections 544(b) and 548 of the Bankruptcy Code, as fraudulent conveyances.
The issue presented is whether, apart from the causes of action based upon intentional fraud, the avoidance causes of action should be…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Papasan v. AllainSupreme Court of the United States · 1986
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- James Walker v. The City of New YorkCourt of Appeals for the Second Circuit · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In Re Lehman Bros. Holdings Inc.)United States Bankruptcy Court, S.D. New York · 2012
- Hutson v. E.I. Du Pont De Nemours & Co. (In Re National Gas Distributors, LLC)Court of Appeals for the Fourth Circuit · 2009
- Arnold v. First Citizens National Bank (In re Cornerstone Homes, Inc.)United States Bankruptcy Court, W.D. New York · 2017
- Cooper v. Centar Investments (Asia) Ltd. (In Re Trigem America Corp.)United States Bankruptcy Court, C.D. California · 2010
- QSI Holdings, Inc. v. AlfordDistrict Court, W.D. Michigan · 2007
4 more not listed; retrieve them via the Exa API.