Monthly Archives: January 2016

In re Lyondell Chemical Co. 2016 Update – Judge Gerber Finds Pre-Merger D&Os Did Not Possess Actual Intent to Hinder, Delay or Defraud Creditors in Prepetition Leveraged Buyout

By Evan T. Miller, Esq.

As a follow-up to the In re Lyondell Chemical Co. opinion Judge Gerber issued in November 2015, in which he ruled on various avoidance action claims against the Debtors’ shareholders (the “Shareholder Opinion”, whose related blog post can be found here), the Court issued an opinion last week addressing similar claims against the Debtors’ Pre-Merger directors and officers (the “Pre-Merger Directors and Officers”). Continue reading