Legal Opinion

Antioch Co. Litigation Trust v. Morgan (In Re Antioch Co.)

United States Bankruptcy Court, S.D. Ohio

Decided April 28, 2011No. Bankruptcy Nos. 08-35741, 08-35742, 08-35743, 08-35744, 08-35745, 08-35746, 08-35747. Adversary No. 09-3409PublishedCited by 1 opinion

1Opinion of the Court

Decision Denying Motion to Dismiss Count 13 and Granting Motions to Dismiss Counts 14 and 15, Without Prejudice

GUY R. HUMPHREY, Bankruptcy Judge.

I.Introduction

On December 23, 2009 W. Timothy Miller as the Trustee of the Antioch Company Litigation Trust (the “Litigation Trustee”) filed a complaint (Doc. 1) against multiple defendants under various state law theories and also certain bankruptcy causes of action. All of the defendants filed motions to dismiss. This decision only addresses motions to dismiss the bankruptcy or “core” causes of action under Federal Rule of Civil Procedure 12(b)(6)…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Directv, Inc. And Echostar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department of Revenue for the State of KentuckyCourt of Appeals for the Sixth Circuit · 2007
  4. Jones v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 2008
  5. Nottingdale Homeowners' Ass'n v. DarbyOhio Supreme Court · 1987

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3Cited by1 opinion

  1. Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC)United States Bankruptcy Court, N.D. Georgia · 2015

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