IN RE PEARLMAN

Bankruptcy No. 6:07-bk-761-KSJ. Adversary No. 6:09-ap-53.

460 B.R. 306 (2011)

In re Louis J. PEARLMAN, et al., Debtor. Soneet R. Kapila, as Chapter 11 Trustee for Trans Continental Airlines, Inc., Trans Continental Records, Inc., and Louis J. Pearlman Enterprises, Inc., Plaintiff, v. TD Bank, N.A., successor by merger to Carolina First Bank d/b/a Mercantile Bank, as successor by merger to Citrus Bank, Defendant.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

July 13, 2011.


Attorney(s) appearing for the Case

Gregory M. Garno , Genovese Joblove & Battista PA, Miami, FL, for Plaintiff.

Elizabeth J. Anderson , The Anderson Legal Group, LLC, Eric S. Golden , Burr & Forman LLP, Orlando, FL, Howard S. Marks, Burr & Forman LLP, Winter Park, FL, Jennifer Kimble , Joe A. Joseph , Burr & Forman LLP, Birmingham, AL, for Defendant.


MEMORANDUM OPINION PARTIALLY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

KAREN S. JENNEMANN, Bankruptcy Judge.

In this adversary proceeding, the Chapter 11 trustee, Soneet R. Kapila, seeks to avoid transfers of over $20 million paid by certain of the joint debtors to defendant Mercantile Bank,1 arguing both that the transfers were made with actual fraudulent intent (Counts I and II) and, disregarding intent, that...

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