Legal Opinion
Over & Out, Inc. v. Eclipse Aviation Corp. (In Re AE Liquidation, Inc.)
United States Bankruptcy Court, D. Delaware
Decided April 9, 2010No. 19-10159PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Motion of the Noteholders 2 to dismiss counts 4 and 5 of the Complaint filed by the Plaintiffs. 3 For the reasons stated below, the Court will deny the Motion.
I. BACKGROUND
Eclipse Aviation Corporation (the “Debtor”) was a manufacturer of private jets with its principal place of business in Albuquerque, New Mexico. The Plaintiffs executed Eclipse 400 Aircraft Deposit Agreements (the “Agreements”) with the Debtor pursuant to which the Plaintiffs deposited $100,000 (the “Deposits”) toward the purchase of an Eclipse 400…
2Cases cited24 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- In Re General Coffee Corporation, Debtor. City National Bank of Miami and City National Bank Corporation v. General Coffee CorporationCourt of Appeals for the Eleventh Circuit · 1987
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3Cited by1 opinion
- Mata v. Eclipse Aerospace, Inc. (In Re AE Liquidation, Inc.)United States Bankruptcy Court, D. Delaware · 2011