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Kelley v. Opportunity Fin. LLC (In re Petters Co.)

Kelley v. Opportunity Fin. LLC (In re Petters Co.)

Ruling
Substantive consolidation did not affect trustee's avoidance rights.
Issue(s)
Whether in application of the state law of fraudulent transfer, after the substantive-consolidation of the estates of multiple debtors, the trustee may use the standing of a prepetition creditor of one of those debtor-entities to satisfy the predicate-creditor requirement for the avoidance of a pre-petition transfer made by another of the debtor-entities, where the proposed predicate creditor itself had no pre- petition claim against the transferor-debtor.

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Commercial opinion summary, case decided on May 19, 2016 , LexisNexis #0616-124