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In re Gibson Group, Inc.

66 F.3D 1436; 1995.C06.576

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This appeal addresses the question of whether Congress intended to confer exclusive authority to file an action to avoid preferential or fraudulent transfers, pursuant to 11 U.S.C. Section(s) 547 and 548, on a trustee or debtor-in-possession, or whether a creditor might have standing to file such an action. Specifically, we must decide whether Canadian Pacific Forest Products Limited has standing to file an action to avoid allegedly preferential and fraudulent transfers made by the debtor-in-possession, The Gibson Group, Inc. The bankruptcy court dismissed Canadian Pacifics complaint for lack of standing -- even though the debtor-in-possession refused to file an action -- and Canadian Pacific appeals from the district courts decision affirming the bankruptcy court. Canadian Pacific also appeals the district courts decision affirming the bankruptcy courts denial of its subsequent motion to supplement the record to prove standing.

In re Gibson Group, Inc.
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  • £0.49
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: 28 September 1995
  • Publisher: LawApp Publishers
  • Print Length: 25 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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