Yaquinto v. Thompson St. Capital Partners (In re Stone Panels, Inc.)

BVLaw
Full Text of Court Cases
September 27, 2021
5031 Lumber, Plywood, Millwork, and Wood Panels
321211 Hardwood Veneer and Plywood Manufacturing
bankruptcy
goodwill, cash flow, fraudulent transfer, insolvency, balance sheet, reasonably equivalent value, bankruptcy code, reasonably foreseeable

Yaquinto v. Thompson St. Capital Partners (In re Stone Panels, Inc.)
2021 Bankr. LEXIS 2635; 2021 WL 4436166
US
Federal Court
Texas
United States Bankruptcy Court
Christopher Quinn; Gene Deetz
Hale

Summary

Trustee argued that a cash transfer by debtor was a constructively fraudulent transfer under the bankruptcy code. The Trustee was able to show that the transaction was an interest in property for which debtor did not receive reasonably equivalent value. The Trustee was not able to show that the debtor was insolvent at the date of the transfer or became insolvent as a result of the transfer. The debtor was engaged in a business for which the property remaining was sufficiently capitalized. It appeared that the debtor would have sufficient access to cash to service its obligations and operate its business in a sustainable way. The Trustee failed in its burden of proof.
Yaquinto v. Thompson St. Capital
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See Also

Property Transfer Was Not Fraudulent Because Debtor Was Not Insolvent

Trustee argued that a cash transfer by debtor was a constructively fraudulent transfer under the bankruptcy code. The Trustee was able to show that the transaction was an interest in property for which debtor did not receive reasonably equivalent value. The Trustee was not able to show that the debtor was insolvent at the date of the transfer or became insolvent as a result of the transfer. The debtor was engaged in a business for which the property remaining was sufficiently capitalized. It appeared that the debtor would have sufficient access to cash to service its obligations and operate its business in a sustainable way. The Trustee failed in its burden of proof.