Legal Opinion

Official Committee of Unsecured Creditors of Allied Systems Holding, Inc. v. Yucaipa American Alliance Fund I, LP (In re Allied Systems Holding, Inc.)

United States Bankruptcy Court, D. Delaware

Decided January 28, 2015No. Case No. 12-11564 (CSS) (Jointly Administered); Adv. Proc. No.: 13-50530 (CSS)PublishedCited by 5 opinions

1Opinion of the Court

OPINION

Sontchi, J.

INTRODUCTION

Before the Court are several motions that raise two issues:

1. Are plaintiffs claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against Mark Gendregske, the Debtor’s Chief Executive Officer and a member of its board of directors, core proceedings under 28 U.S.C. § 157(b)?

2. Should the Court strike Mr. Gen-dregske’s jury demand?

For the reasons set forth below, the Court concludes that plaintiffs claims asserted against Mr. Gendregske in the Amended Complaint are non-core proceedings because they are not on the list of core…

2Cases cited34 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. Curtis v. LoetherSupreme Court of the United States · 1974
  5. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002

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

3Cited by5 opinions

  1. SFF-TIR, LLC v. StephensonDistrict Court, N.D. Oklahoma · 2017
  2. Alta Mesa Holdings, LP v. Kingfisher Midstream, LLCUnited States Bankruptcy Court, S.D. Texas · 2019
  3. Giuliano v. FlemingDistrict Court, D. Delaware · 2024
  4. Nobilis Health Corp. - Adversary ProceedingUnited States Bankruptcy Court, D. Delaware · 2024
  5. Pampa Beverages, LLC d/b/a Transnational Supply v. HussingUnited States Bankruptcy Court, S.D. Florida. · 2024

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