Legal Opinion
Mellon Bank, N.A. v. Official Committee of Unsecured Creditors of R.M.L., Inc. (In re R.M.L. Inc.)
Court of Appeals for the Third Circuit
Decided August 1, 1996No. 95-7580PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
We confront in this case a difficult issue arising under 11 U.S.C. § 548(a)(2), the provision of the Bankruptcy Code (the “Code”) allowing for avoidance of constructively fraudulent transfers. The principal question we must decide is whether a commitment letter Mellon Bank issued in connection with a contemplated $53-million loan conferred “reasonably equivalent value” on Intershoe (the debtor) in exchange for $515,000 in commitment fees that Intershoe paid to Mellon Bank. This question is complicated by the fact that the loan, which could possibly…
2Cases cited10 opinions
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
- Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
- In the Matter of Xonics Photochemical, Inc., Debtor. Appeal of Mitsui and Company (u.s.a.), IncCourt of Appeals for the Seventh Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
- VFB LLC v. Campbell Soup Co.Court of Appeals for the Third Circuit · 2007
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Peltz v. HattenDistrict Court, D. Delaware · 2002
- Official Committee of Unsecured Creditors v. DVI Business Credit, Inc. (In Re DVI, Inc.)United States Bankruptcy Court, D. Delaware · 2005
74 more not listed; retrieve them via the Exa API.