Legal Opinion
Harris v. National Investment & Finance Co. (In Re Akin)
United States Bankruptcy Court, W.D. Kentucky
Decided August 12, 1986No. 19-10200PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM-OPINION
G. WILLIAM BROWN, Bankruptcy Judge.
This Complaint tests the strong arm powers of the Trustee under 11 U.S.C. 544(b). At issue is whether the threshold test set forth in Section 544(b) has been met and if so, whether the actions and conduct of the defendants are voidable under Kentucky Statutes K.R.S. 378.010 and 378.020.
Section 544(b) provides as follows:
Section 544. Trustee as lien creditor and as successor to certain creditors and purchasers ...(b) The trustee may avoid any transfer of an interest of the debtor in property or any obligation incurred by the debt- or that is…
2Cases cited5 opinions
- Russell County Feed Mill, Inc. v. KimblerCourt of Appeals of Kentucky (pre-1976) · 1975
- Bolling v. AdamsCourt of Appeals of Kentucky · 1956
- Gillardi v. HenryCourt of Appeals of Kentucky (pre-1976) · 1938
- Pope v. CawoodCourt of Appeals of Kentucky (pre-1976) · 1943
- Universal C. I. T. Credit Corp. v. Bell High Coal Corp.Court of Appeals of Kentucky · 1970
3Cited by8 opinions
- Charles Lisle v. John Wiley & Sons InCourt of Appeals for the Sixth Circuit · 2006
- Ries v. Wintz Properties, Inc. (In Re Wintz Companies)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- Unsecured Creditors' Committee Ex Rel. Heartland Chemicals, Inc. v. Banque Paribas (In Re Heartland Chemicals, Inc.)United States Bankruptcy Court, C.D. Illinois · 1989
- Schilling v. Montalvo (In Re Montalvo)United States Bankruptcy Court, W.D. Kentucky · 2005
- Spradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2019
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