Official Committee of Unsecured Creditors of Xyan.Com, Inc. v. Banta Corp. (In Re Xyan.Com, Inc.)

Opinion

STEPHEN RASLAVICH, Bankruptcy Judge.

Introduction.

The Plaintiff in this adversary action is the Official Committee of Unsecured Creditors (the “Committee”) of the Debtor, Xyan.Com, Inc. et al (“Xyan”). The Committee instituted the action against Defendant, Banta Corporation (“Banta”) on June 11, 2002, seeking to recover damages for the alleged fraudulent transfer to Banta of substantially all of the assets of a Xyan subsidiary known as Xyan-Needham, Inc. The Committee’s Complaint states a total of four counts, these being assertions of actual and constructive fraud under Bankruptcy Code…