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Judge Timothy J. Mahoney (Retired)

Contemporary Indus. Corp. v. Terry Frost (In re Contemporary Indus. Corp.), Ch. 11, BK98-80382, A99-8135 (June 29, 2007)

The court granted summary judgment to the defendants, finding that the shareholders' sale of debtor's stock in the context of a leveraged buyout conducted through a bank escrow agent constituted a "settlement payment" for purposes of § 546(e) and could not be avoided by the trustee or the DIP as a fraudulent transfer.

Contemporary Indus. Corp. v. Terry G. Frost (In re Contemporary Indus. Corp.), Ch. 11, BK98-80382, A99-8135 (July 8, 2003)

The court denied summary judgment on the debtor-plaintiff's fraudulent transfer complaint because fact questions existed as to the elements of the statute, including whether the property transferred to the defendants was property of the debtor.

Guarantee Mutual Life Company v. Paul Crounse, et al. (In re Eugene Pieper, P.C.), Ch. 7, BK91-80603, A91-8163 (Aug. 21, 1996)

A state court judgment regarding breach of a lease was entered post-petition against a partnership involving the debtor. The automatic stay does not extend to the partnership, so the judgment is valid and enforceable and can be pursued in state court.

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