Nasr
Nasr v. De Leon
Opinion
Lead Opinion
MEMORANDUM
The Trustee of the bankruptcy estates of Hill Top Developers, Inc., and RHI Holdings, Inc. (collectively, the “Debtor Corporations”), intervened in a suit filed against William W. Geary (“Geary”), the Debtor Corporations’ former officer/director, and his affiliates (the “Geary Defendants”). The suit was filed by Moe Nasr (“Nasr”), the trustee of a trust created by George Wayne Reeder (“Reeder”), the sole shareholder of the Debtor Corporations. In the original complaint, Nasr sought recovery of 42 properties owned by the Debtor Corporations (the “Properties”) that were allegedly transferred fraudulently to the Geary Defendants. In his Com-plaintr-in-Intervention, the Trustee asserted against the Geary Defendants (1) state law claims of, inter alia, breach of fiduciary duty and usurpation of corporate opportunity, and (2) avoidance claims under §§ 544 and 548 of the Bankruptcy Code. On various motions for summary judgment, the district court held that all of the Trustee’s claims were time-barred and *604 granted summary judgment to the defendants-appellees. We vacate and remand as to the state law claims and reverse as to the avoidance claims. We do not repeat the…