Elway Co. LLP v. Miller (In re Elrod Holdings Corp.)
Sep
30
2008
Ruling
Settlement payments for private securities by a financial institution were not subject to avoidance.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, transferees, creditor seeking to avoid alleged transfers. The transferees filed a motion for partial summary judgment on two of the fraudulent transfer claims. The transferees asserted that 11 U.S.C.S. § 546(e) operated to prevent the trustee from avoiding the alleged transfers under 11 U.S.C.S. § 548(a)(1)(B).
ABI Membership is required to access the full summary of Elway Co. LLP v. Miller (In re Elrod Holdings Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: