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Dixon v. Ruth (In re Gluth Bros. Constr.)

Dixon v. Ruth (In re Gluth Bros. Constr.)

Ruling
Fraudulent transfer proceeding dismissed with leave to amend given insufficient allegations of insolvency.
Procedural posture

Plaintiff trustees of a creditor trust under a bankruptcy reorganization plan brought an adversary proceeding against defendants, an individual and entities with which the individual was affiliated, seeking to avoid an allegedly fraudulent transfer and postpetition transfers of property of the bankruptcy estate. Defendants moved to dismiss the complaint for failure to state a claim.

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Commercial opinion summary, case decided on November 19, 2009 , LexisNexis #1209-135