Michael Friedman and Madeline Friedman - Page 9

                                        - 9 -                                         

               Sometime in September 1993, the bankruptcy court granted the           
          trustee's request to retain an independent law firm as special              
          counsel to investigate and prosecute possible fraudulent                    
          conveyance claims.  The trustee believed that the alleged                   
          fraudulent transfers arose from the transactions that accompanied           
          the acquisition by New Manchester of Old Manchester's assets.               
               On February 24, 1994, counsel for petitioners and E&M                  
          Investments Co. served an answer to the bankruptcy court in                 
          connection with the trustee's effort to recover approximately $11           
          million from, inter alia, petitioners.                                      
               On February 28, 1994, petitioners submitted an offer in                
          compromise to the trustee in the amount of $300,000 to settle the           
          foregoing claim.  Sometime in April 1994, the trustee petitioned            
          the bankruptcy court for an order authorizing the acceptance of             
          the offer in compromise regarding disputed claims against                   
          petitioners and E&M Investments Co., Kramer, Bremberg, and other            
          entities.  The trustee notified the bankruptcy court that                   
               Despite the disparity between the $11 million claim                    
               asserted by the Trustee against [petitioners], and the                 
               offer of $300,000 made by ***[petitioners] to settle                   
               the LBO litigation and any other claims of the estate                  
               against ***[petitioners], the Trustee believes the                     
               offer of settlement to be a good faith offer predicated                
               upon ***[petitioners'] evaluation of their exposure and                
               costs.                                                                 

          The trustee also noted that certain third parties or creditors              
          might object to the terms of petitioners' offer in compromise,              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011