Legal Opinion

Kapila v. Funding, Inc. (In Re Data Lease Financial Corp.)

United States Bankruptcy Court, S.D. Florida.

Decided December 6, 1994No. 18-26164PublishedCited by 10 opinions

1Opinion of the Court

ORDER DENYING NORMAN TALMO’S MOTION TO DISMISS

ROBERT A. MARK, Bankruptcy Judge.

Defendant Norman Taimo filed an Amended Motion to Dismiss (“Motion”) which was heard on December 1,1994. The Motion was filed pursuant to Fed.R.Bankr.P. 7012, and asserts that the complaint, filed by Soneet R. Kapila as Trustee (“Trustee”) of Data Lease Financial Corporation (“Data Lease”) to recover an avoided transfer pursuant to 11 U.S.C. § 550, fails to state a cause of action against Norman Taimo for two reasons: 1) the complaint fails to allege that Norman Taimo acted in bad faith and had knowledge that the…

2Cases cited9 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  3. In Re Nordic Village, Inc., Debtor. Internal Revenue Service v. Nordic Village, Inc., David O. Simon, TrusteeCourt of Appeals for the Sixth Circuit · 1991
  4. Thompson v. Ivan (In Re Food & Fibre Protection, Ltd.)United States Bankruptcy Court, D. Arizona · 1994
  5. Kendall v. Sorani (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1993

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Feltman v. Warmus (In Re American Way Service Corp.)United States Bankruptcy Court, S.D. Florida. · 1999
  2. Bakst v. Sawran (In Re Sawran)United States Bankruptcy Court, S.D. Florida. · 2007
  3. Daley v. Chang (In Re Joy Recovery Technology Corp.)United States Bankruptcy Court, N.D. Illinois · 2001
  4. Menotte v. United States (In Re Custom Contractors, LLC)United States Bankruptcy Court, S.D. Florida. · 2010
  5. Schafer v. Las Vegas Hilton (In Re Video Depot, Ltd.)United States Bankruptcy Court, W.D. Washington · 1995

5 more not listed; retrieve them via the Exa API.

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