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Brook v. Alphamed Pharmaceuticals Corp. (In Re J & D Sciences, Inc.)

United States Bankruptcy Court, M.D. Florida

Decided January 3, 2006No. Bankruptcy No. 8:02 BK 00342 KRM. Adversary No. 8:04 AP 00517 KRMPublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING AVOIDANCE OF FRAUDULENT TRANSFER

K. RODNEY MAY, Bankruptcy Judge.

In April 2001, less than a year before filing for relief under Chapter 11, the debt- or executed, and recorded with the U.S. Patent and Trademark Office (“USPTO”), an assignment of a valuable biotech patent (Patent # 6174859, which is described in more detail below and referred to as the “Patent”). The Patent was assigned to an insider, Alphamed Pharmaceuticals, Inc. (“Alphamed”). 1 The debtor received no consideration for the assignment.

Ordinarily, this would be sufficient for the Chapter 7 trustee…

2Cases cited7 opinions

  1. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  2. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  3. In Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. W. Leo Keating, in Re: Xyz Options, Inc., Debtor. Donald Dionne, as Trustee of the Estate of Xyz Options, Inc. v. Scott M. Spangler, Jean G. Spangler, the Scott M. Spangler Charitable TrustCourt of Appeals for the Eleventh Circuit · 1998
  4. McColley v. Rosenberg (In Re Candor Diamond Corp.)United States Bankruptcy Court, S.D. New York · 1987
  5. Gennet v. Docktor (In Re Levy)United States Bankruptcy Court, S.D. Florida. · 1995

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3Cited by16 opinions

  1. Slone v. Anderson (In re Anderson)United States Bankruptcy Court, S.D. Ohio · 2013
  2. Litzler v. Cooper (In re Margaux Texas Ventures, Inc.)United States Bankruptcy Court, N.D. Texas · 2014
  3. Marsh v. Levy (In Re Martin Levy of Berlin D.M.D., P.C.)United States Bankruptcy Court, D. Massachusetts · 2009
  4. Maxon Engineering Services, Inc. v. Alex Hornedo Robles & Assoc. (In Re Maxon Engineering Services, Inc.)United States Bankruptcy Court, D. Puerto Rico · 2008
  5. Holber v. Kauffman (In Re Keystone Surplus Metals, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2011

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