United States Second Circuit

Summary judgment dismissing plaintiff's fraudulent conveyance claim is affirmed, where: 1) plaintiff represents the non-whole creditors of a debtor corporation that is a party to a bankruptcy proceeding; 2) in a fraudulent conveyance claim, plaintiff can only recover property owned by the parent-company debtor; 3) various schedules and Chapter 11 plan, which were consummated with the agreement of plaintiff and its predecessors in interest in the bankruptcy proceeding, all treated the property transferred as owned by a separate subsidiary; and thus, 4) plaintiff's claim is barred by judicial estoppel.

Appellate Information

• Decided 04/04/2014
• Published 04/04/2014

Judges

• WINTER

Court

• United States Second Circuit

Counsel