Legal Opinion

Anderson v. Patel (In re Diplomat Construction, Inc.)

United States Bankruptcy Court, N.D. Georgia

Decided May 21, 2014No. Bankruptcy No. 09-68613-MGD; Adversary No. 14-5093PublishedCited by 1 opinion

1Opinion of the Court

ORDER ABSTAINING FROM HEARING PLAINTIFF’S COMPLAINT

MARY GRACE DIEHL, Bankruptcy Judge.

This Adversary Proceeding is a fraudulent transfer action under Georgia law brought by a Chapter 7 Trustee as a judgment creditor. The Defendants in the action are former principals of the Debtor against whom the Trustee obtained judgments based upon fraudulent transfers by the Debtor. The case is a non-core proceeding in which Defendants claim a right to a jury trial. The cause of action asserted arises exclusively under state law. The Trustee’s standing as Plaintiff is not based upon his powers as a…

2Cases cited10 opinions

  1. Peacock v. ThomasSupreme Court of the United States · 1996
  2. Wood v. WoodCourt of Appeals for the Fifth Circuit · 1987
  3. Official Unsecured Creditors' Committee of Hearthside Baking Co. v. Cohen (In Re Hearthside Baking Co.)United States Bankruptcy Court, N.D. Illinois · 2008
  4. Retirement Sys. of Alabama v. JP MORGAN CHASEDistrict Court, M.D. Alabama · 2002
  5. Petrolia Corp. v. Elam (In Re Petrolia Corp.)United States Bankruptcy Court, E.D. Michigan · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Engineered Floors, LLC v. Beaulieu of America, Inc.United States Bankruptcy Court, N.D. Georgia · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API