- 11 U.S.C.
Rieser v. Moorman (In re Equity Land Title Agency Inc.)
Jun
12
2007
Ruling
Trustee could not seek to avoid transfers based on court's earlier decision to which transferees were not parties.
Procedural posture
Defendants, recipients of allegedly avoidable transfers, moved to dismiss an adversary complaint filed against them by the chapter 7 trustee to recover those transfers. At issue was whether the trustee might properly pursue a claim per 11 U.S.C. § 550 against defendants based upon the court's earlier decision in a previous adversary proceeding despite the fact that defendants were not parties therein nor in privity with any other party thereto.
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Court
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