DANA MOLDED PRODUCTS, INC. v. BRODNER

No. 85 C 7196.

58 B.R. 576 (1986)

DANA MOLDED PRODUCTS, INC., Plaintiff, v. Richard E. BRODNER, Thomas Brodner, and Kenneth Kysely, Defendants.

United States District Court, N.D. Illinois, E.D.

January 21, 1986.


Attorney(s) appearing for the Case

Geoffrey G. Gilbert, Elias N. Matsakis, Malcolm H. Brooks, McBride Baker & Coles, Chicago, Ill., for plaintiff.

David Missner, Franklin Schwerin, Robert Handler, Schwartz, Cooper, Kolb & Gaynor, Chartered, Chicago, Ill., for defendant Richard Brodner.

Daniel A. Zazove, Stephen T. Bobo, Towbin & Zazove, Ltd., Chicago, Ill., for defendants Thomas Brodner and Kenneth Kysely.


MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

This action presents the issue whether a judgment creditor of a bankrupt corporation may sue under the Racketeer Influenced and Corrupt Organizations Act, ("RICO"), 18 U.S.C. § 1964(c), for bankruptcy fraud committed against the corporation itself in an attempt to hinder creditors generally. Defendants have filed a motion to dismiss under Fed.R.Civ.P...

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