Legal Opinion
Guttman v. Martin (In Re Railworks Corp.)
United States Bankruptcy Court, D. Maryland
Decided May 5, 2005No. 19-10583PublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM OPINION DENYING DEFENDANTS’ MOTION TO DISMISS COMPLAINT TO AVOID FRAUDULENT TRANSFERS (Corrected)
E. STEPHEN DERBY, Bankruptcy Judge.
I. Issues
Defendants’ motions to dismiss raise two issues. First, does the Litigation Trustee under the Debtors’ confirmed plan of reorganization have standing to bring these fraudulent conveyance avoidance actions under 11 U.S.C. § 544(b)? Second, does this court have subject matter jurisdiction over these actions after the plan has been confirmed and the bankruptcy estate terminated?
II. Facts
On September 20, 2001, Railworks Corporation and 21 of its…
2Cases cited40 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Allen v. WrightSupreme Court of the United States · 1984
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
35 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Alberts v. Tuft (In Re Greater Southeast Community Hospital Corp.)District Court, District of Columbia · 2005
- In Re Refco, Inc. Securities LitigationDistrict Court, S.D. New York · 2008
- Air Cargo, Inc. Litigation Trust Ex Rel. Fletcher v. I2 Technologies, Inc. (In Re Air Cargo, Inc.)United States Bankruptcy Court, D. Maryland · 2011
- Sergent v. McKinstry ex rel. BD Unsecured Creditors TrustDistrict Court, E.D. Kentucky · 2012
- Premium of America, LLC v. Sanchez (In Re Premium Escrow Services, Inc.)District Court, District of Columbia · 2006
17 more not listed; retrieve them via the Exa API.