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IN RE CYBERGENICS CORP.

No. 99-5592.

226 F.3d 237 (2000)

In re CYBERGENICS CORPORATION, Debtor. The Official Committee of Unsecured Creditors of Cybergenics Corporation, On behalf of Cybergenics Corporation, Debtor in Possession, Appellant, v. Scott Chinery; L & S Research Corporation; First Union National Bank of North Carolina; Banque Indosuez; Sunamerica Life Insurance Company; Lincolnshire Management Inc; Lincolnshire Equity Fund, L.P.

United States Court of Appeals, Third Circuit.

Filed September 6, 2000.

As Amended on Denial of Rehearing October 2, 2000.

Attorney(s) appearing for the Case

Gary D. Sesser [Argued], James Gadsden Carter, Ledyard & Milburn, New York, NY, Counsel for Appellant.

Brian J. Molloy [Argued], Wilentz, Goldman & Spitzer, Woodbridge, NJ, Counsel for Appellee, Scott Chinery.

Dennis F. Dunne [Argued], Milbank, Tweed, Hadley & McCloy, New York, NY, Counsel for Appellees, First Union National Bank of North Carolina; Banque Indosuez; Sunamerica Life Ins.

Michael A. Zindler, Teich, Groh, Frost & Zindler, Trenton, NJ, Counsel for Appellees, First Union National Bank of North Carolina; Banque Indosuez; Sunamerica Life Ins.

Scott A. Eggers [ARGUED], Proskauer Rose, New York, NY, Counsel for Appellees, Lincolnshire Mgt. Inc.; Lincolnshire Equity.

Before: BECKER, Chief Judge, RENDELL, and ALDISERT, Circuit Judges.

As Amended on Denial of Rehearing En Banc October 2, 2000.

OPINION OF THE COURT

RENDELL, Circuit Judge:

In this appeal, we consider whether certain fraudulent transfer claims arising from transfers made by Cybergenics Corporation were included in a sale of all assets of Cybergenics so as to foreclose its creditors from thereafter pursuing those claims on behalf of its bankruptcy estate. For the reasons explained below, we conclude that the sale of...

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