1. Home
  2. Browse Decisions
  3. B.R.
  4. 436 B.R.
  5. 436 B.R. 281 (2010)
 

IN RE LYONS EQUIPMENT CO., INC.

Bankruptcy No. 09-12419 B. Adversary No. 09-1059 B.

436 B.R. 281 (2010)

In re LYONS EQUIPMENT COMPANY, INC., Debtor. Andrew Reese, Plaintiff v. Lyons Equipment Co., Inc., Lyons Equipment Co., Inc. Shareholders, Lyons Equipment Co. Inc. Board of Directors, Greystone Business Credit II, LLC, Michael Brummer, and John Lyons, Defendants.

United States Bankruptcy Court, W.D. New York.

September 8, 2010.

Attorney(s) appearing for the Case

Kevin T. Stocker, Esq., Tonawanda, NY, for Plaintiff Andrew Reese.

Ruskin, Moscou, Faltischek, Jeffrey A. Wurst, Esq., of counsel, Daniel L. McAuliffe, Esq., of counsel, Uniondale, NY, for Defendant Greystone Business Credit II, LLC.

Phillips, Lytle, Hitchcock, Blaine, et al., Alan J. Bozer, Esq., of counsel, Kevin J. Mulvehill, Esq., of counsel, Joshua P. Fleury, Esq., of counsel, Buffalo, NY, for Defendant Michael Brummer.

DiCerbo & Palumbo, Michael A. Morgan, Esq., of counsel, Olean, NY, for Defendant John Lyons.

Jaeckle Fleischmann & Mugel LLP, Beverley S. Braun, Esq. of counsel, William C. Grossman, Esq., of counsel, Buffalo, NY, for Defendant Lyons Equipment Co., Inc.

BUCKI, Chief Judge.

Prior to the commencement of bankruptcy proceedings in this case, a secured creditor caused the appointment of a chief restructuring officer to operate the business of the debtor. The underlying issue in the present dispute is whether that secured creditor and a chief restructuring officer or workout manager owe a fiduciary duty to assure payment of pre-existing creditors.

In the summer of 2008, Lyons Equipment Company, Inc., owed more...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases