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In re MPF Holdings US LLC

In re MPF Holdings US LLC

Ruling
Litigation trustee did not have standing to bring avoidance proceedings where relevant plan provisions were not specific and unequivocal.
Procedural posture

Plaintiff litigation trustee filed adversary proceedings against various defendants, seeking a determination that transfers defendants received from two businesses that declared Chapter 11 bankruptcy could be avoided under 11 U.S.C.S. § 547. Defendants filed motions to dismiss and motions to enforce the court's order confirming the debtors' Chapter 11 bankruptcy plan, claiming that the litigation trustee did not have standing to sue.

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Commercial opinion summary, case decided on February 11, 2011 , LexisNexis #0311-057