United States Fifth Circuit

In a creditor's appeal from the district court’s affirmance of the bankruptcy court's decision that certain deeds the creditor held were legal nullities, the Fifth Circuit certifies the following questions to the Supreme Court of Mississippi: When a minority member of a Mississippi limited liability company prepares and executes, on behalf of the LLC, a deed to substantially all of the LLC's real estate, in favor of another LLC of which the same individual is the sole owner, without authority to do so under the first LLC's operating agreement, is the transfer of real property pursuant to the deed: (i) voidable, such that it is subject to the intervening rights of a subsequent bonafide purchaser for value and without notice, or (ii) void ab initio, i.e., a legal nullity?

Appellate Information

• Decided 08/06/2010
• Published 08/09/2010

Judges

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Court

• United States Fifth Circuit

Counsel