Giuliano v. U.S. Nursing Corp. (In re Lexington Healthcare Group Inc.)
Feb
02
2006
Ruling
Court dismissed (with leave to amend) trustee's section 502(d) claim since the trustee had not sufficiently pled the related fraudulent transfer claims.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor asserting avoidance of fraudulent transfers, unjust enrichment, and disallowance of the creditor's claim pursuant to 11 U.S.C. § 502(b) and (d). The debtors had hired the creditor to provide temporary nursing staff for its facilities. The trustee alleged, inter alia, that the creditor overcharged the debtors. The creditor moved to dismiss.
ABI Membership is required to access the full summary of Giuliano v. U.S. Nursing Corp. (In re Lexington Healthcare Group Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: