Legal Opinion

Rosener v. Majestic Management, Inc. (In Re OODC, LLC)

United States Bankruptcy Court, D. Delaware

Decided March 2, 2005No. 19-50101PublishedCited by 66 opinions

1Opinion of the Court

OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

This matter is before the Court on various Motions to Dismiss (or for a More Definitive Statement) relating to two Complaints filed by the Trustee. The Motions are opposed by the Trustee. For reasons set forth below, we will deny the Motions.

I. FACTUAL BACKGROUND

On November 16, 2001, Optical Data-com, LLC (“the Debtor”) filed a voluntary petition under chapter 11 of the Bankruptcy Code. Shortly after filing, the Debtor sold substantially all of its assets for approximately $7.5 million. Since the Debtor had no remaining operations, the Official…

2Cases cited46 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. Maio v. Aetna, Inc.Court of Appeals for the Third Circuit · 2000
  4. In Re Santa Fe Pacific Corp. Shareholder LitigationSupreme Court of Delaware · 1995
  5. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987

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3Cited by66 opinions

  1. Official Committee of Unsecured Creditors of Fedders North America, Inc. Ex Rel. Debtors' Estates v. Goldman Sachs Credit Partners L.P. (In Re Fedders North America, Inc.)United States Bankruptcy Court, D. Delaware · 2009
  2. Tronox Inc. v. Kerr-McGee Corp.Court of Appeals for the Second Circuit · 2017
  3. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  4. Boyer v. Crown Stock Distribution, Inc.Court of Appeals for the Seventh Circuit · 2009
  5. Nisselson v. Softbank Am Corp. (In Re MarketXT Holdings Corp.)United States Bankruptcy Court, S.D. New York · 2007

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