Legal Opinion
Reily v. Kapila (In Re International Management Assoc.)
Court of Appeals for the Eleventh Circuit
Decided February 10, 2005No. 04-12207PublishedCited by 21 opinions
1Opinion of the Court
CUDAHY, Circuit Judge:
Plato once said that “[w]hen a Benefit is wrongly conferred, the author of the Benefit may often be said to injure.” The bankruptcy claim presented here, brought by a Chapter 7 bankruptcy trustee, seeks avoidance of a $100,000 payment to a shareholder in the debtor corporations pursuant to 11 U.S.C. § 548. The potential recovery of that payment under 11 U.S.C. § 550(a)(1) requires us to assess whether providing the unquantifiable key to a larger transaction can qualify a party as an “entity for whose benefit” a putatively voidable transfer is made. 11 U.S.C. § 550(a)(1)…
2Cases cited8 opinions
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- In Re FinleyCourt of Appeals for the Second Circuit · 1997
- Mack v. NewtonCourt of Appeals for the Fifth Circuit · 1984
- General Trading Inc. v. Yale Materials Handling Corp.Court of Appeals for the Eleventh Circuit · 1997
- Barber v. McCord Auto Supply, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
- In Re: Fruehauf Trailer Corporation, Debtor Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003 Fruehauf Trailer Corporation Retirement Plan, Plan No. 003 Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003, and Steven F. Hollrah and Steve Havens, as Class RepresentativesCourt of Appeals for the Third Circuit · 2006
- Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In Re Tousa, Inc.)Court of Appeals for the Eleventh Circuit · 2012
- Faulkner v. Kornman (In Re Heritage Organization, L.L.C.)United States Bankruptcy Court, N.D. Texas · 2009
- Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Services, Inc. (In Re 360NETWORKS (USA) INC.)United States Bankruptcy Court, S.D. New York · 2005
16 more not listed; retrieve them via the Exa API.