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Quality Meat Prods. LLC v. PorCo Inc. (In re PorCo Inc.)

Quality Meat Prods. LLC v. PorCo Inc. (In re PorCo Inc.)

Ruling
Alleged fraudulent transfer could not be avoided where state statute of limitations had run.
Procedural posture

Plaintiff creditor brought a two-count adversary complaint against defendants, the debtor corporation and its principal, seeking, in part, to set aside a transfer of real property from 4 and a half years prior, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/5(a), and under 11 U.S.C.S. § 548(e). Debtor and its principal moved to dismiss the complaint for failure to state a claim for relief.

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Commercial opinion summary, case decided on March 30, 2011 , LexisNexis #0411-123