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IN RE QUEBECOR WORLD (USA) INC.

No. 11 Civ. 7530 (JMF).

480 B.R. 468 (2012)

In re QUEBECOR WORLD (USA) INC., Debtor. Official Committee of Unsecured Creditors of Quebecor World (USA) Inc., Plaintiff/Appellant, v. American United Life Insurance Company et al., Defendants/Appellees.

United States District Court, S.D. New York.

September 28, 2012.

Attorney(s) appearing for the Case

Jason E. Halper, John K. Sherwood, Lowenstein Sandler PC, New York City, for Appellant.

Joshua Dorchak, Bingham McCutchen LLP, New York City, for Appellees.

OPINION AND ORDER

JESSE M. FURMAN, District Judge.

In October 2007, shortly before it filed for bankruptcy, Quebecor World (USA) Inc. ("QWUSA") paid more than $376 million to purchase and redeem a series of private placement notes that an affiliated company had issued years earlier. The question in this case is whether those payments can be "avoided" — that is, recaptured as part of the bankruptcy estate — on the ground that they were...

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