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Mervyns LLC v. Lubert-Adler Group IV LLC (In re Mervyns Holdings LLC)

Mervyns LLC v. Lubert-Adler Group IV LLC (In re Mervyns Holdings LLC)

Ruling
Alleged fraudulent transfer by debtor to corporate parent was not protected settlement payment.
Procedural posture

Defendant, a former corporate parent of the debtor, filed a motion to dismiss the adversary proceeding brought against it by plaintiff, the debtor's committee, pursuant to Fed. R. Civ. P. 8, 9(b), and 12(b)(6), made applicable by Fed. R. Bankr. P. 7008, 7009, and 7012. of the Federal Rules of Bankruptcy Procedure.

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Commercial opinion summary, case decided on March 17, 2010 , LexisNexis #0510-057