Tradex Corporation v. Morse
United States Bankruptcy Court for the District of Massachusetts
339 B.R. 823 (2006)
- Written by Philip Glass, JD
Facts
Tradex Corporation (Tradex) (debtor) filed for Chapter 11 bankruptcy on February 16, 2005. The bankruptcy court issued an order granting the United States trustee’s motion for the appointment of a Chapter 11 trustee on April 7, 2005. The United States trustee had requested the appointment of a Chapter 11 trustee on several grounds derived from documentary evidence and testimony. First, Tradex neither completely nor accurately disclosed in its schedules to the court all of its assets, liabilities, and insider payments. Second, Tradex engaged in internal transactions of questionable legality. Third, Tradex commingled its affairs with an affiliated company, Gitto Global, associated with Charles Gitto, Jr., Tradex’s president and only shareholder. Fourth, Tradex acquired inventory but could not provide confirmatory documents. Fifth, Tradex’s Chapter 11 filing conflicted with its tax returns. Sixth, a grand-jury investigation of fraud allegations against Tradex was ongoing. Seventh, the creditors had credibly alleged that Tradex engaged in bad faith, fraud, and law-enforcement violations. Eighth, Gitto took excessive management fees from Tradex. Tradex appealed the bankruptcy court’s order for appointment to the district court.
Rule of Law
Issue
Holding and Reasoning (Woodlock, J.)
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