Legal Opinion
JLL Consultants, Inc. v. Gothner (In re AgFeed USA, LLC)
United States Bankruptcy Court, D. Delaware
Decided September 13, 2016No. Case No. 13-11761 (BLS) Jointly Administered; Adv. No. 15-50210 (BLS)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
Brendan Linehan Shannon, Chief United States Bankruptcy Judge
Before the Court is Defendant K. Ivan F. Gothner’s (“Gothner”) Motion to Dismiss the Second Amended Complaint (the “Motion”) [Adv. Docket No. 36] filed by JLL Consultants, Inc. (“JLL”) as trustee for the AgFeed Liquidating Trust. JLL initiated this adversary proceeding against Gothner alleging that, during his time as a director, Chair of the Audit Committee, Vice-Chairman and Chairman of the Board of AgFeed Industries, Inc. (“AgFeed”), Gothner (i) breached fiduciary duties; (ii) participated in a series of fraudulent…
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