Legal Opinion
Shape, Inc. v. Midwest Engineering, Inc. (In Re Shape, Inc.)
United States Bankruptcy Court, D. Maine
Decided December 9, 1994No. 19-20106PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES A. GOODMAN, Chief Judge.
Shape, Inc. (“Shape”) alleges that a transfer of stock should be avoided as fraudulent under the constructive fraud provisions of 11 U.S.C. § 548(a)(2) and Maine law — 14 M.R.S.A. § 3575(1)(B). This Court agrees and the transfer is avoided pursuant to Section 548 and the defendant Midwest Engineering Inc. (“MEI”) is ordered to pay Shape $1,444,744.41 plus interest assessed from the date this adversary proceeding was commenced: March 23, 1992.
/. BACKGROUND
On October 31, 1988, Shape transferred 60% of MEI’s stock to MEI. On November 7,1988,…
2Cases cited8 opinions
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Robert Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc. v. Watts Detective Agency, Inc., Daniel Sullivan, Billy R. OtteCourt of Appeals for the First Circuit · 1982
- James Turner, and Cross-Appellee v. Japan Lines, Ltd., and Philippine President Lines Inc., Manila, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
- Merril v. Dietz (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Weinman v. Fidelity Capital Appreciation Fund (In Re Integra Realty Resources, Inc.)Court of Appeals for the Tenth Circuit · 2004
- Hirsch v. Steinberg (In Re Colonial Realty Co.)United States Bankruptcy Court, D. Connecticut · 1998
- Bay Plastics, Inc. v. BT Commercial Corp. (In Re Bay Plastics, Inc.)United States Bankruptcy Court, C.D. California · 1995
- Stevenson v. J.C. Bradford & Co. (In Re Cannon)United States Bankruptcy Court, W.D. Tennessee · 1999
- Ackerman v. Kovac (In Re All American Petroleum Corp.)United States Bankruptcy Court, E.D. New York · 2001
5 more not listed; retrieve them via the Exa API.