International Distributing Export Company (IDE) was organized as a corporation on September 7, 2003, under the laws of New York and commenced business on November 1, 2003. IDE formerly had existed as a sole proprietorship.
On October 31, 2003, the newly organized corporation had liabilities of $64,084. Its only assets, in the sum of $33,042, were those of the former sole proprietorship. The corporation, however, set up an asset on its balance sheet in the amount of $32,000 for goodwill.
As a result of this entry, IDE had a surplus at the end of each of its fiscal years from 2004 until 2009. Cano, a shareholder, received $7,144 in dividends from IDE during the period from 2005 to 2010.
May Fried, the trustee in bankruptcy of IDE, recover the amount of these dividends from Cano on the basis that they had been paid when IDE was insolvent or when its capital was impaired?