holding that an official creditors committee in a chapter 11 case lacks derivative capacity to sue an alleged transferee of a fraudulent conveyance under 11 U.S.C. § 544
Summary of this case from In re National Forge Co.No. 01-3805.
Argued July 15, 2002.
Filed September 20, 2002. Rehearing En Banc Granted and opinion vacated November 18, 2002.
holding that an official creditors committee in a chapter 11 case lacks derivative capacity to sue an alleged transferee of a fraudulent conveyance under 11 U.S.C. § 544
Summary of this case from In re National Forge Co.In The Official Committee of Unsecured Creditors of Cybergenics Corporation v. Chinery, 304 F.3d 316 (3rd Cir.), reh'g en banc granted and opinion vacated, 310 F.3d 785 (3d. Cir. Nov. 18, 2002) the Third Circuit expressed a contrary view.
Summary of this case from In re Tri Valley GrowersIn Cybergenics, the Third Circuit initially found that Hartford Underwriters barred the unsecured creditors committee from filing a derivative action.
Summary of this case from In re V CompaniesFull title:THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CYBERGENICS CORPORATION…
Court:United States Court of Appeals, Third Circuit
Date published: Sep 20, 2002
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