Legal Opinion

Zahn v. Yucaipa Capital Fund (In Re Almac's, Inc.)

District Court, D. Rhode Island

Decided November 15, 1996No. Civil Action No. 95-360L, Misc. No. 95-052LPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LAGUEUX, Chief Judge.

This case arises from a leveraged buyout that took place prior to the time Almac’s Inc. and Almac’s Supermarkets, Inc. (collectively “Almac’s”) filed a petition for reorganization under Chapter 11 of the United States Bankruptcy Code. Arnold Zahn, as the trustee of the Almac’s Creditor Litigation and Distribution Trust (the “Trustee”), claims that payments made by Almac’s to the various Yucai-pa 1 and Citicorp 2 Defendants in connection with the leveraged buyout (the “1991 LBO”) constitute fraudulent transfers under Rhode Island law. In addition, the…

2Cases cited36 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  5. Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985

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3Cited by15 opinions

  1. U.S. Brass Corp. v. Travelers Insurance Group, Inc.Court of Appeals for the Fifth Circuit · 2002
  2. Work/Family Directions, Inc. v. Children's Discovery Centers, Inc. (In Re Santa Clara County Child Care Consortium)Bankruptcy Appellate Panel of the First Circuit · 1998
  3. Zahn v. Yucaipa Capital FundDistrict Court, D. Rhode Island · 1998
  4. Bliss Technologies, Inc. Ex Rel. Unsecured Creditors Committee v. HMI Industries, Inc. (In Re Bliss Technologies, Inc.)United States Bankruptcy Court, E.D. Michigan · 2004
  5. Kirschner Ex Rel. Refco Litigation Trust v. Agoglia (In Re Refco Inc.)United States Bankruptcy Court, S.D. New York · 2011

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