Legal Opinion
Enron Corp. v. International Finance Corp. (In Re Enron Corp.)
United States Bankruptcy Court, S.D. New York
Decided May 18, 2006No. 19-10342PublishedCited by 9 opinions
1Opinion of the Court
OPINION GRANTING DEFENDANTS’ MOTIONS TO DISMISS COMPLAINT
ARTHUR J. GONZALEZ, Bankruptcy Judge.
The issue presented is whether recovery, pursuant to 11 U.S.C. § 550(a), of a transfer of a debtor’s interest in property from a subsequent transferee requires as a prerequisite that the transfer have previously been avoided, pursuant to the trustee’s avoidance powers, against the initial transferee. The Court concludes that although the two actions may be brought simultaneously, the plain language of section 550(a) requires that the transfer first be avoided, i.e., determined to be improper, prior…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Papasan v. AllainSupreme Court of the United States · 1986
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- James Walker v. The City of New YorkCourt of Appeals for the Second Circuit · 1992
- Hirsch v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Silverman v. K.E.R.U. Realty Corp. (In Re Allou Distributors, Inc.)United States Bankruptcy Court, E.D. New York · 2007
- Official Committee of Unsecured, Creditors v. JP Morgan Chase Bank, N.A. (In Re M. Fabrikant & Sons, Inc.)United States Bankruptcy Court, S.D. New York · 2008
- Official Committee of Unsecured Creditors Ex Rel. Bankruptcy Estate of Felt Manufacturing Co. v. Foss (In Re Felt Manufacturing Co.)United States Bankruptcy Court, D. New Hampshire · 2007
- USAA Federal Savings Bank v. Thacker (In Re Taylor)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
4 more not listed; retrieve them via the Exa API.