Legal Opinion

Miller v. McCown De Leeuw & Co. (In Re Brown Schools)

United States Bankruptcy Court, D. Delaware

Decided April 24, 2008No. 19-10164PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are the motions of the MDC Defendants, 2 Winstead Sechrest & Minick, P.C. (“Winstead”), and Robert J. Naples (“Naples”) for dismissal of the Second Amended Complaint filed against them by the Trustee. For the reasons stated below, the Court will grant the motions in part.

I. FACTS

In 1997 and 1998, Defendant McCown De Leeuw & Co., Inc. (“MDC”), through its affiliate Kids Acquisition, acquired more than 65% of the stock of The Brown Schools, Inc. 3 (the “Parent Debtor”) for $63 million. In addition, MDC, through two of its…

2Cases cited34 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  5. Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997

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3Cited by15 opinions

  1. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  2. Burtch v. Seaport Capital, LLC (In re Direct Response Media, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  3. Wright v. Minardi (In re Minardi)United States Bankruptcy Court, E.D. Texas · 2015
  4. Lightsway Litigation Services, LLC v. Yung (In re Tropicana Entertainment, LLC)United States Bankruptcy Court, D. Delaware · 2014
  5. Official Committee of Unsecured Creditors of Tousa, Inc. v. Technical Olympic, S.A. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2010

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