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MC Asset Recovery LLC v. Commerzbank A.G., et. al (In re Mirant Corp.)
Citation:Case No. 11-10070 (5th Cir. March 20, 2012).
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s balancing of...
Judge(s):Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.