Inconsistent Legal Theory and Valuation Methods Cost Trustee Fraudulent Transfer

Business Valuation UpdateVol. 10 No. 3
Legal and Court Case Update
March 2004
bankruptcy

Pereira v. Dow Chem. Co. (In re Trace Int’l Holdings, Inc.)
2003 Bankr. LEXIS 1619
December 10, 2003
US
New York
United States Bankruptcy Court
Thomas M. Blake (for trustee)
Bernstein

Summary

The issue in this bankruptcy adversary proceeding is whether certain payments the debtor made shortly before the filing of the petition were fraudulent transfers recoverable by the trustee for the benefit of all creditors.

See Also

Pereira v. Dow Chem. Co. (In re Trace Int’l Holdings, Inc.)

This case raises the novel application of judicial estoppel to inconsistent positions, both of which the plaintiff took successfully in an earlier action against different parties.