Bankr. No.:
97-30004
Adv. No.:
99-3001
Chapter:
7
Date of Decision:
January 12, 2000
Issue:
Whether Defendants were entitled to summary judgment?
Ruling:
Defendants' motion was denied. Some of the transactions of which the Plaintiff-Trustee alleged were fraudulent or preferential were within the reach-back period. Any earlier state court decision did not give rise to claim or issue preclusion. The Plaintiff-Trustee's preference claim was not barred merely because Debtor had never been formally issued the subject stock by Defendants as the Defendants obligated themselves to do in a land purchase deal.
Full Bankruptcy Court Decision:
