Legal Opinion
In Re 5900 Associates, Inc., Debtor. Fred J. Dery, Trustee v. Cumberland Casualty & Surety Co.
Court of Appeals for the Sixth Circuit
Decided November 7, 2006No. 05-1838PublishedCited by 49 opinions
1Opinion of the Court
OPINION
ALICE M. BATCHELDER, Circuit Judge.
Fred J. Dery, the trustee of the bankruptcy estate of 5900 Associates, Inc., seeks to set aside the debtor’s transfer of property to Cumberland Casualty & Surety Co. (“Cumberland”) as a fraudulent transfer under M.C.L. § 566.35. Dery may prevail under the statute only if the debtor was insolvent at the time of the transfer. The debtor’s solvency in this case turns on the enforceability of a claim for attorney’s fees from a prior bankruptcy case that was dismissed. The bankruptcy court in the instant case held that the claim for fees from the prior…
2Cases cited8 opinions
- In Re Gary Louis Gardner, Debtor. Jeffrey D. Stamper, of the Estate of Gary Louis Gardner v. United StatesCourt of Appeals for the Sixth Circuit · 2004
- In Re: William Kyle Kisseberth and Ekaterina Kisseberth, Debtors. Ronald R. Henderson v. William Kyle Kisseberth and Ekaterina KisseberthCourt of Appeals for the Sixth Circuit · 2001
- In Re Kenneth Allen Knight Trust, Debtor. Angela Lynn Brady-Morris Denise Michele Brady v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 2002
- Smith v. Commercial Banking Corp. (In re Smith)Court of Appeals for the Third Circuit · 1989
- Jensen v. Gantz (In Re Gantz)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bailey v. Suhar (In Re Bailey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.)Court of Appeals for the Sixth Circuit · 2007
- Cusano v. Klein (In Re Cusano)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- Sweports, Ltd. v. Much Shelist, P.C.Court of Appeals for the Seventh Circuit · 2015
- In Re BrownUnited States Bankruptcy Court, N.D. Oklahoma · 2007
44 more not listed; retrieve them via the Exa API.