United States Ninth Circuit

Fraudulent transfer claims were properly dismissed because the action, directed at recovery of corporate stock, would not restore property to the bankruptcy estate or avoid an estate obligation. Securities Exchange Act section 16(b) is inapplicable because the recipients were not beneficial owners of >10% of the common stock.

Appellate Information

• Argued 12/05/2002
• Decided 03/29/2004
• Published 03/29/2004

Judges

• BRUNETTI, Circuit Judge:, Before:  BRUNETTI, TASHIMA, Circuit Judges, and EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey C. Wurms, Esq., Oakland, CA, for the appellant.


• For Appellees:
  
• Harry S. Davis, Esq., New York, NY;  Harvey L. Leiderman, and Frederick D. Holden, Esq., San Francisco, CA, for the appellees.