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Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Ruling
Manufacturer's state law, common law and fraudulent transfer claims against involuntary debtor dismissed.
Procedural posture

Plaintiff manufacturer sued defendants, dealerships, their owners, and the chief financial officer (CFO), and asserted claims for fraudulent transfer, conversion, fraudulent and negligent misrepresentation, and successor liability. The manufacturer filed an involuntary chapter 7 bankruptcy petition against one of the dealerships. The court granted derivative standing to the manufacturer. The dealerships, the owners, and the CFO moved to dismiss.

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Commercial opinion summary, case decided on October 29, 2009 , LexisNexis #1209-034