In re ELROD HOLDINGS CORP., et al., Debtors.
Elway Company, LLP, Plaintiff,
v.
George L. Miller In His Capacity as Trustee in Elrod Holdings Corp., et al.; Jack K. Elrod Company, Inc.; Fifth Third Bank (Ohio); Reserve Mezzanine Finance, LLC f/k/a Brantley Mezzanine Finance, LLC; and Webster Growth Capital Corp., Defendants.
George L. Miller, in his capacity as Trustee to Elrod Holdings Corp., et al.
v.
Elway Company, LLP; Jeffrey L. Elrod; Dale K. Elrod; Maryann Waymire; Midwest Seating Corporation; Nussli, LLC; Kendall Industries, Inc. f/k/a Elrod Corporation.
United States Bankruptcy Court, D. Delaware.https://leagle.com/images/logo.png
September 30, 2008.
September 30, 2008.
Attorney(s) appearing for the Case
Amy D. Brown, Brian A. Sullivan, Werb & Sullivan, Wilmington, DE, Paul T. Deignan, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Elway Company, LLP.
Steven M. Coren, Kaufman, Coren & Ress, P.C., Philadelphia, PA, William J. Burnett, Flaster/Greenberg, P.C., Wilmington, DE, for George L. Miller.
Jack K. Elrod Company, Inc., pro se.
Robert J. Sidman, Vorys, Sater, Seymour, Pease, Columbus, OH, for Fifth Third Bank.
Jeffrey C. Wisler, Connolly Bove Lodge & Hutz LLP, Francis A. Monaco Jr., Steven K. Kortanek, Womble Carlyle Sandridge & Rice, PLLC, Wilmington, DE, Walter E. Paulekas, Levin, Ford & Paulekas, LLP, Hartford, CT, for Reserve Mezzanine Finance, LLC f/k/a Brantley Mezzanine Finance, LLC.
United States Bankruptcy Court, D. Delaware.
OPINION1
BRENDAN LINEHAN SHANNON, Bankruptcy Judge.
Before the Court is a motion (the "Motion") [Docket No. 58] filed by several alleged transferees (the "Movants")2 seeking partial summary judgment on two fraudulent transfer claims asserted by George L. Miller (the "Trustee"). The Movants assert that 11 U.S.C. § 546(e) operates to prevent the Trustee from avoiding the alleged transfers...
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