MC Asset Recovery LLC v. Commerzbank (In re Mirant Corp.)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Debtor in possession had standing to avoid guaranty and funds paid thereunder as a fraudulent transfer.
Procedural posture: 
Plaintiff, as debtor-in-possession, sued defendants to avoid a guaranty and to recover the funds debtor paid pursuant to the guaranty. The District Court for the Northern District of Texas denied defendants' motion to dismiss based on plaintiff's alleged lack of standing, and subsequently granted summary judgment for defendants. Both sides appealed.
Issue: 
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Commercial case opionion summary, case decided on March 20,2012, LexisNexis #0412-070