Legal Opinion

3V Capital Master Fund Ltd. v. Official Committee of Unsecured Creditors of Tousa, Inc. (In Re Tousa, Inc.)

District Court, S.D. Florida

Decided February 11, 2011No. 10-60017-CIV/GOLD, 10-61478, 10-62032, 10-62035, 10-62037PublishedCited by 12 opinions

1Opinion of the Court

OPINION AND ORDER ON APPEALS BY TRANSEASTERN LENDERS

ALAN S. GOLD, District Judge.

L INTRODUCTION

The Appellants in this bankruptcy appeal are a collection of financial entities (the “Transeastern Lenders”) 1 that loaned appropriately $450 million in 2005 to a homebuilding joint venture involving TOU-SA, Inc. (“TOUSA”). 2 The Bankruptcy Court below ordered the Transeastern Lenders to disgorge, as “fraudulent transfers” under Section 548 of the Bankruptcy Code (11 U.S.C. Sections 101, et seq.), monies that they received on July 31, 2007, in repayment of their antecedent debt, and to pay…

2Cases cited86 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  5. Chudasama v. Mazda Motor Corp.Court of Appeals for the Eleventh Circuit · 1997

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3Cited by12 opinions

  1. In Re Tribune Co.United States Bankruptcy Court, D. Delaware · 2011
  2. Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
  3. Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In Re Tousa, Inc.)Court of Appeals for the Eleventh Circuit · 2012
  4. In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
  5. Michaelson ex rel. Appleseed's Litigation Trust v. Farmer (In re Appleseed's Intermediate Holdings, LLC)District Court, D. Delaware · 2012

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