IN RE TRAILER SOURCE, INC.

Nos. 07-5584, 07-5891.

555 F.3d 231 (2009)

In re TRAILER SOURCE, INC., Debtor. Hyundai Translead, Inc., Appellee, v. Jackson Truck & Trailer Repair, Inc.; James A. Harrell; Raleigh J. Williams; Mark Lazarus, Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 6, 2009.


Attorney(s) appearing for the Case

ARGUED: John C. Hayworth, Walker, Tipps & Malone, Nashville, Tennessee, for Appellants. Colin W. Wied, C.W. Wied Professional Corp., San Diego, California, for Appellee. ON BRIEF: John C. Hayworth, John L. Farringer IV, Walker, Tipps & Malone, Nashville, Tennessee, Paul G. Jennings, Bass, Berry & Sims, Nashville, Tennessee, for Appellants. Colin W. Wied, C.W. Wied Professional Corp., San Diego, California, James E. Bailey III, Farris, Mathews, Branan, Bobango, Hellen & Dunlap, Memphis, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court, in which MERRITT, J. joined. ROGERS, J. (pp. 246-54), delivered a separate dissenting opinion.


OPINION

KAREN NELSON MOORE, Circuit Judge.

In this bankruptcy case, Appellants Jackson Truck & Trailer Repair, Inc., James A. Harrell, Raleigh J. Williams, and Mark Lazarus (collectively "the JT & T parties") appeal the district court's order granting Appellee Hyundai Translead, Inc. ("Hyundai") derivative standing to bring an action on behalf of the bankruptcy estate to recover certain assets that Hyundai alleges were fraudulently transferred from...

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