Skip to main content

Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)

Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)

Ruling
Good faith allegation of amount of alleged preferential transfers was determinative in hearing on motion for change of venue for failure to meet threshold amount.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against defendant corporation to avoid and recover preferences or fraudulent transfers. Defendant filed a motion to transfer venue on the ground that based on its affirmative defenses, any debt recoverable in this action would be less than the threshold amount of $11,725 required under 28 U.S.C.S. § 1409(b).

ABI Membership is required to access the full summary of Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 07, 2011 , LexisNexis #0112-067