- 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
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