Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
Procedural posture: 
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
Issue: 
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