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§ 101(31)(B)

Cl H Winddown LLC, In re

Ruling
Court granted the alleged insider's motion to dismiss avoidance proceeding as trustee failed toallege sufficient facts to establish his insider status. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on September 04, 2023 , LexisNexis #1023-076

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on January 24, 2020 , LexisNexis #0320-026

TS Empl., Inc., In re--Feltman v. Kossoff & Kossoff LLP

Ruling
The non-statutory insider exception did not apply where defendant as accountant did not exert any degree of control in perpetrating fraud. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on March 07, 2019 , LexisNexis #0419-074

PHS Grp. Inc., In re--Pergament v. Amton Inc.

Ruling
Court ruled that under the Wagoner doctrine, the trustee had sufficient standing to file claimsagainst the defendant as the latter had exercised sufficient control over the debtor'soperations. (Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on February 08, 2018 , LexisNexis #0318-061

Alpha Protective Servs., In re--Gordon v. Rogich

Ruling
Trustee has shown that defendant was a statutory insider due to his status as a director at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on March 11, 2011 , LexisNexis #0517-121

Alpha Protective Servs., In re--Gordon v. Hackenberry

Ruling
Trustee entitled to summary judgment after court found that the defendant was an insider at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.

ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Hackenberry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 11, 2011 , LexisNexis #0517-122