Legal Opinion
Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In Re Musicland Holding Corp.)
United States Bankruptcy Court, S.D. New York
Decided December 23, 2008No. 18-12837PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS
STUART M. BERNSTEIN, Chief Judge.
The plaintiff filed this adversary proceeding against the debtors’ former parent, officers and directors primarily to avoid and recover transfers aggregating $145,385,892. The Amended Complaint also asserts claims for the payment of illegal dividends, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty and rescission. The defendants filed motions to dismiss the Amended Complaint.
For the reasons that follow, the motion is granted to the extent of dismissing the…
2Cases cited70 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
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3Cited by33 opinions
- Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
- Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
- Gowan v. Patriot Group, LLC (In Re Dreier LLP)United States Bankruptcy Court, S.D. New York · 2011
- 45 John Lofts, LLC v. Meridian Capital Grp. LLC (In re 45 John Lofts, LLC)United States Bankruptcy Court, S.D. New York · 2019
- Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Estate of Chais (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
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