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STALNAKER v. DLC, LTD.

No. 03-3096.

376 F.3d 819 (2004)

Thomas D. STALNAKER, Trustee, Appellee, v. DLC, LTD., a Nebraska Corporation; DLC Family Trust, Ltd., a Nebraska Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2004.

Attorney(s) appearing for the Case

Julie Cornwell Schneider, argued, Omaha, NE (Larry R. Demerath, Valley, NE, Richard D. Myers, Omaha, NE, on the brief), for appellant.

Donald L. Swanson, argued, Omaha, NE (Charles E. Benish, on the brief), for appellee.

Before RILEY, MCMILLIAN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

This case arises from bankruptcy proceedings in which a trustee exercised the rights of an unsecured creditor under 11 U.S.C. § 544(b) to recover fraudulently transferred assets. The bankruptcy court1 found that the debtor-appellant, DLC, Ltd. ("DLC"), a Tilden, Nebraska farming corporation, transferred assets with the intent to hinder, delay or defraud creditors and that the trustee-appellee and his attorneys...

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