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Official Committee of Unsecured Creditors v. CIT GroupBusiness Credit Inc. (In re Jevic Holding Corp.)

Official Committee of Unsecured Creditors v. CIT GroupBusiness Credit Inc. (In re Jevic Holding Corp.)

Ruling
Series of transactions with creditor lender constituting a leveraged buyout were attempts to defraud other creditors and avoidable.
Procedural posture

Creditor filed a motion to dismiss all claims brought by plaintiff, the Official Committee of Unsecured Creditors (Committee), including claims for constructively fraudulent transfers under 11 U.S.C.S. § 544 and § 548, preferential transfers under 11 U.S.C.S. § 547, recovery under § 547, aiding and abetting breach of fiduciary duty, and equitable subordination under 11 U.S.C.S. § 510.

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Commercial opinion summary, case decided on September 15, 2011 , LexisNexis #1011-121