Legal Opinion

Friedman's Liquidating Trust v. Goldman Sachs Credit Partners, L.P. (In Re Friedman's Inc.)

United States Bankruptcy Court, D. Delaware

Decided July 12, 2011No. 19-10490PublishedCited by 9 opinions

1Opinion of the Court

OPINION 1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

The Plaintiff (as defined below) filed this adversary proceeding objecting to Defendants’ (as defined below) claims and seeking to recharacterize them. The defendants Goldman Sachs Credit Partners L.P., Plainfield Direct Inc., Ramius Value and Opportunity Master Fund Ltd., Parche, LLC and Cadence Master Fund Ltd. (collectively, the “Defendants”) 2 filed a motion to dismiss the complaint (the “Motion to Dismiss”) asserting that no claim exists because it was the intent of the parties for the monies at issue to be debt, rather than equity. 3 As…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
  5. Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010

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3Cited by9 opinions

  1. Autobacs Strauss, Inc. v. Autobacs Seven Co. (In re Autobacs Strauss, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  2. Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
  3. United States v. State Street Bank & Trust Co.United States Bankruptcy Court, D. Delaware · 2014
  4. Anderson ex rel. Estate Anderson v. Commonwealth Renewable Energy, Inc. (In re Commonwealth Renewable Energy, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2015
  5. Gernsbacher v. Campbell (In re Equipment Equity Holdings, Inc.)United States Bankruptcy Court, N.D. Texas · 2013

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