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Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska Corporation

Court of Appeals for the Eighth Circuit

Decided July 22, 2004No. 03-3096PublishedCited by 72 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

This case arises from bankruptcy proceedings in which a trustee exercised the rights of an unsecured creditor under 11 U.S.C. § 544(b) to recover fraudulently transferred assets. The bankruptcy court 1 found that the debtor-appellant, DLC, Ltd. (“DLC”), a Tilden, Nebraska farming corporation, transferred assets with the intent to hinder, delay or defraud creditors and that the trustee-appellee and his attorneys properly pursued avoidance of the transfer for the benefit of the estate. In addition, the court awarded trustee’s and attorneys’ fees and expenses as…

2Cases cited10 opinions

  1. Moore v. BaySupreme Court of the United States · 1931
  2. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. Stephen C. Orr v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2002
  4. In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
  5. Stalnaker v. DLC, Ltd. (In Re DLC, Ltd.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003

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3Cited by72 opinions

  1. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  2. In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  3. MC Asset Recovery LLC v. Commerzbank A.G. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2012
  4. Faulkner v. Kornman (In Re Heritage Organization, L.L.C.)United States Bankruptcy Court, N.D. Texas · 2009
  5. In re Petters Company, Inc.United States Bankruptcy Court, D. Minnesota · 2013

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