Legal Opinion

Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)

United States Bankruptcy Court, S.D. New York

Decided August 13, 2013No. Case No. 12-12020(MG); Adv. Proc. 13-01277(MG)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART UMB BANK’S MOTION TO DISMISS

MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE

Pending before the Court is Defendant UMB Bank, N.A.’s Partial Motion to Dismiss Pursuant to FRCP 12(b)(6) (“Motion,” ECF Doc. #21). The Adversary Proceeding was brought by the Official Committee of Unsecured Creditors (the “Committee”) of Residential Capital, LLC (“ResCap”), et al. (the “Debtors”) on February 28, 2013 against UMB Bank, N.A., as successor indenture trustee (“UMB” or the “Indenture Trustee”) under that certain Indenture, dated as of June 6, 2008 (the…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Boykin v. KeyCorpCourt of Appeals for the Second Circuit · 2008
  5. Spool v. World Child International Adoption AgencyCourt of Appeals for the Second Circuit · 2008

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3Cited by2 opinions

  1. Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
  2. Pedro Agra v. DolciUnited States Bankruptcy Court, S.D. New York · 2023

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