Legal Opinion
FTI Consulting, Inc. v. Sweeney (In re Centaur, LLC.)
United States Bankruptcy Court, D. Delaware
Decided December 27, 2018No. Case No. 10-10799 (KJC) (Jointly Administered); Adv. Proc. No. 12-50423 (KJC)Published
1Opinion of the Court
BY: KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE
FTI Consulting, Inc., in its capacity as the Trustee of Centaur LLC Litigation Trust (the "Trustee"), filed a complaint against Joseph Sweeney and Linda Porr Sweeney (the "Defendants") to recover alleged fraudulent transfers by Debtor Valley View Downs, LP ("VVD") to the Defendants. The Trustee moved for summary judgment in his favor.3 The Defendants oppose the summary judgment motion, contending that the Transfers are protected from avoidance under the "safe harbor" provisions of Bankruptcy Code § 546(e). The matter was taken under advisement.
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
- J. Geils Band Employee Benefit Plan v. Smith Barney Shearson, Inc.Court of Appeals for the First Circuit · 1996
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