- 11 U.S.C.
Calpine Corp. v. Rosetta Res. Inc. (In re Calpine Corp.)
Oct
24
2007
Ruling
Avoiding transfer of substantially all of debtor's oil and gas assets could add equity to reorganized company to benefit of creditor.
Procedural posture
Plaintiff chapter 11 debtor filed a complaint seeking to avoid the transfer of its property to defendant transferee pursuant to 11 U.S.C. § 548 and 11 U.S.C. § 544. The transferee moved pursuant to Fed. R. Civ. P. 12(b)(1) and (6), or in the alternative, an order staying the adversary proceeding, pending the determination of whether creditor claims would be satisfied in full pursuant to the proposed plan of reorganization.
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Court
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