Legal Opinion

Hillebrand v. Sav-Co

District Court, E.D. Illinois

Decided October 20, 1972No. Civ. 72-75PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FOREMAN, District Judge.

By this action Plaintiff, the Bankruptcy Trustee of Automotive Warehouses, Inc. (“Bankrupt”), seeks to set aside and recover from the Defendants certain alleged voidable transfers, under § 60 of the Bankruptcy Act, 11 U.S.C. § 96. Before the Court is Defendants’ motion to dismiss the complaint for its failure to state a cause of action.

On a motion to dismiss under Rule 12, all facts well-pleaded in the complaint are taken as true. Thus the Court’s inquiry is limited to the determination whether the Plaintiff has presented facts which would entitle…

2Cases cited9 opinions

  1. Maule Industries, Inc. v. L. M. Gerstel, Trustee of Ludwig Corporation, Bankrupt, and Ludwig Bros., Inc.Court of Appeals for the Fifth Circuit · 1956
  2. Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
  3. Allied Chemical Corp. v. RandallCourt of Appeals for the Seventh Circuit · 1963
  4. I-T-E Circuit Breaker Co. v. HolzmanCourt of Appeals for the Ninth Circuit · 1965
  5. In re Plymouth Dyeing Co.Court of Appeals for the Third Circuit · 1963

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In the Matter of Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, TrusteeCourt of Appeals for the Second Circuit · 1975
  2. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  3. Stodd v. GoldbergerCalifornia Court of Appeal · 1977
  4. Continental Auto Sales, Inc. v. SchroederDistrict Court, E.D. Wisconsin · 1976
  5. Hattie Keenon, Individually and on Behalf of All Persons Similarly Situated v. James B. Conlisk, Jr. And James M. RochfordCourt of Appeals for the Seventh Circuit · 1974

1 more not listed; retrieve them via the Exa API.

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