- 11 U.S.C.
Mukamal v. American Express Co. (In re Arrow Air Inc.)
Dec
12
2012
Ruling
Transfers by debtor airlines to financial services company were not avoidable absent factual basis for finding of fraud.
Procedural posture
Plaintiff liquidating trustee filed an adversary proceeding against defendant financial services company, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(b), 547(b), 548(a)(1)(A) and (B) and Fla. Stat. §§ 726.105 and 726.106 to avoid transfers two airline companies made to the financial services company before they declared chapter 11 bankruptcy. The financial services company filed a motion to dismiss.
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Court
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