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Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)

Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)

Ruling
Payments by investors to debtor recharacterized as equity and repayments of investments avoided as fraudulent transfers.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against defendant investors, seeking a judgment recharacterizing payments the investors made to a corporation as equity, and a judgment avoiding the repayment of those sums under 11 U.S.C.S. § 554 as a fraudulent transfer under the Oklahoma Uniform Fraudulent Transfer Act, Okla. Stat. Ann. tit. 24, §§ 112-123. The trustee settled his claims against one of three investors he sued.

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Commercial opinion summary, case decided on January 27, 2010 , LexisNexis #0410-020