Legal Opinion

Heilig-Meyers Co. v. Wachovia Bank, N.A. (In Re Wachovia Bank, N.A.)

United States Bankruptcy Court, E.D. Virginia

Decided December 21, 2004No. 19-10423PublishedCited by 16 opinions

1Opinion of the Court

REVISED MEMORANDUM OPINION

DOUGLAS O. TICE, JR., Chief Judge.

A trial over 10 days was held in November 2003 on plaintiff debtors’ amended complaint to avoid allegedly preferential or fraudulent cash transfers and grants of liens made to defendants, a group of debtors’ pre-petition secured creditors. The transfers at issue were made on May 25, 2000, as part of a major financial restructuring of the debtors. The issues for decision are (1) whether debtors were insolvent on a consolidated basis on May 25, 2000; (2) whether the defendant lenders were entitled to a new value defense with regard to…

2Cases cited33 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  4. In Re Walter Green, Debtor. Walter Green v. A. Gray Staples, Jr., Assistant United States TrusteeCourt of Appeals for the Fourth Circuit · 1991
  5. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996

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3Cited by16 opinions

  1. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  2. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
  3. Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)United States Bankruptcy Court, S.D. New York · 2007
  4. Autobacs Strauss, Inc. v. Autobacs Seven Co. (In re Autobacs Strauss, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  5. Heilig-Meyers Co. v. Wachovia Bank, N.A. (In Re Heilig-Meyers Co.)United States Bankruptcy Court, E.D. Virginia · 2005

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