Legal Opinion

Herzog Ex Rel. Cornerstone Creditors' Trust v. Stopol, Inc. (In Re Cornerstone Products, Inc.)

United States Bankruptcy Court, E.D. Texas

Decided September 30, 2008No. 19-60019PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

BRENDA T. RHOADES, Bankruptcy Judge.

This matter is before the Court following trial of the Complaint in Intervention filed by Sundance General, LLC and the Cross Complaint and Third Party Complaint filed by Stopol, Inc. and Stopol Auctions, LLC. The primary dispute between the parties is whether Stopol, Inc. and/or Stopol Auctions, LLC “fraudulently concealed” from the Debtor, Cornerstone Products, Inc., the existence of purchase orders from third party buyers for certain of the Debtor’s equipment, thereby realizing “secret profits” by purchasing and then reselling certain…

2Cases cited39 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  3. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  4. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  5. Strock v. PressnellOhio Supreme Court · 1988

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3Cited by3 opinions

  1. Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
  2. In Re Chuck's Const. Co., Inc.United States Bankruptcy Court, D. South Carolina · 2010
  3. Waldron v. Adams & Reese, L.L.P.Court of Appeals for the Fifth Circuit · 2012

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