- 11 U.S.C.
OChesky v. Templeton (In re American Hous. Found.)
Mar
30
2013
Ruling
Transfers to debtor by lawyer were not loans but preferential, avoidable equity investments.
Procedural posture
Trustee filed an adversary complaint against lawyer to avoid $4.746 million in claims asserted by defendant on account of transfer to or for the benefit of debtor that defendant claimed to have been loans that had been guaranteed by debtor. Plaintiff therein asserted, inter alia, that all such guaranties were fraudulent and that any allowed claims were properly subordinated per 11 U.S.C.S. § 510.
ABI Membership is required to access the full summary of OChesky v. Templeton (In re American Hous. Found.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: