Legal Opinion

Fulmer v. Fifth Third Equipment Finance Co. (In re Veg Liquidation, Inc.)

United States Bankruptcy Court, W.D. Arkansas

Decided May 2, 2017No. 5:13-bk-73597 Jointly Administered 5:16-ap-7017PublishedCited by 1 opinion

1Opinion of the Court

*728OPINION AND ORDER DISMISSING COMPLAINT

Ben Barry, United States Bankruptcy Judge

Before the Court is the chapter 7 trustee’s complaint filed on February 26, 2016, that alleges that a § 363 sale that was authorized by the Court on February 12, 2014, could have resulted in a higher benefit to the estate had certain disclosures been made to the Court and creditors pri- or to the sale. As detailed below, on July 1, 2016, in accord with the Court’s staging order, the defendants filed their first motion to dismiss the trustee’s complaint. On September 29, 2016, the Court granted the motion in part…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  4. Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
  5. Robert R. Wisdom Nancy J. Wisdom v. First Midwest Bank, of Poplar Bluff Jerry F. McLane Jerry Dorton Joey McLaneCourt of Appeals for the First Circuit · 1999

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3Cited by1 opinion

  1. Cornice & Rose International, LLC v. Four KeysCourt of Appeals for the Eighth Circuit · 2023

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