Legal Opinion

Official Committee of Unsecured Creditors ex rel. estates of the Debtors v. UMB Bank, N.A.

United States Bankruptcy Court, S.D. New York

Decided September 20, 2013No. Case No. 12-12020 (MG) Jointly Administered; Adversary Proceeding No. 13-01277(MG), Adversary Proceeding No. 13-01343(MG)PublishedCited by 12 opinions

1Opinion of the Court

Chapter 11

MEMORANDUM OPINION DENYING WITHOUT PREJUDICE UMB BANK’S MOTION TO DISMISS COUNTS 3 AND 5, AND GRANTING IN PART AND DENYING IN PART THE COMMITTEE’S MOTION TO DISMISS CERTAIN JUNIOR SECURED NOTEHOLDER COUNTERCLAIMS

MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE

Pending before the Court are two motions: (1) Defendants UMB Bank, N.A. and the Ad Hoc Group of Junior Secured Noteholders’ Motion to Dismiss in Part the Debtors’ First Amended Complaint to Determine Extent of Liens and for Declaratory Judgment (“Claim Motion,” ECF Doc. # 52)1; and (2) Debtors’ and Official Committee of Unsecured…

2Cases cited29 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Boykin v. KeyCorpCourt of Appeals for the Second Circuit · 2008
  5. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000

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3Cited by12 opinions

  1. Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
  2. Graham v. Huntington National Bank (In re Medcorp, Inc.)United States Bankruptcy Court, N.D. Ohio · 2014
  3. Grossman v. Durham Commercial Capital Corp. (In re Ablitt)United States Bankruptcy Court, D. Massachusetts · 2018
  4. Arlington Capital LLC v. Bainton McCarthy LLCDistrict Court, N.D. Indiana · 2015
  5. In re Roselli Moving & Storage Corp.United States Bankruptcy Court, E.D. New York · 2017

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