In re: MASSA FALIDA DO BANCO CRUZEIRO DO SUL S.A., Debtor in a Foreign Proceeding,LASPRO CONSULTORES LTDA., a Brazilian Sociedade Limitada, Plaintiff, v. ALINIA CORPORATION, a British Virgin Island Company Limited by Shares, 110 CPS, INC., a British Virgin Islands Company Limited by Shares, Defendants., 2021 Bankr. LEXIS 429

Summary

HOLDINGS: [1]-It wa not appropriate to apply collateral estoppel as requested by the trustee because while the statements in the Insolvency Orders on which plaintiff relied for his collateral estoppel argument appeared to be identical to the issues in this adversary proceeding, the findings in the investigative report were not actually litigated; [2]-Summary judgment was not appropriate because there was a genuine dispute regarding the money to purchase the apartments and the artwork where defendants had expert testimony that there were other sources of funds from which the purchases could be made and that testimony was ruled admissible.