Legal Opinion

In Re MarketXT Holdings Corp.

United States Bankruptcy Court, S.D. New York

Decided August 11, 2006No. 18-37091PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OF OPINION DENYING MOTION TO DISMISS AND RESERVING JUDGMENT ON THE APPOINTMENT OF A CHAPTER 11 TRUSTEE

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court is a motion by Empyrean Investment Fund, L.P. (“EIF”) for an order (i) dismissing the Chapter 11 case of the debtor, Epoch Investments, L.P. f/k/a Empyrean Investments, L.P. (the “Debtor” or “Epoch”), for lack of subject matter jurisdiction, or in the alternative, (ii) directing the appointment of a Chapter 11 trustee. The motion is one of many that have been filed in continuing litigation between EIF and its principal, Rauf…

2Cases cited12 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
  3. Luckett v. BureCourt of Appeals for the Second Circuit · 2002
  4. Canute Steamship Co. v. Pittsburgh & West Virginia Coal Co.Supreme Court of the United States · 1923
  5. In Re CardenCourt of Appeals for the Second Circuit · 1941

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.Court of Appeals for the Eleventh Circuit · 2008
  2. Nisselson v. Empyrean Investment Fund, L.P. (In Re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2007
  3. Sapphire Development, LLC v. McKayDistrict Court, D. Connecticut · 2014
  4. 720 Livonia Development LLCUnited States Bankruptcy Court, E.D. New York · 2023
  5. In Re Trusted Net Media Holdings, LLCCourt of Appeals for the Eleventh Circuit · 2008

3 more not listed; retrieve them via the Exa API.

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