Legal Opinion
In re John Q. Hammons Fall 2006, LLC
United States Bankruptcy Court, D. Kansas
Decided September 13, 2017No. Case No. 16-21142 [Jointly Administered]PublishedCited by 3 opinions
1Opinion of the Court
Memorandum Opinion and Order Granting Debtors’ Motions for Partial Summary Judgment and Denying Creditor’s Motions for Partial Summary Judgment and Dismissal
ROBERT D. BERGER, U.S. BANKRUPTCY JUDGE
The question of whether an entity is eligible to be a “debtor” under the Bankruptcy Code seems, at first blush, to be elementary. Either the entity is or it is not, and let us all move on to the substance of the matter. But that question has consumed the debtors in this case and one of their principal creditors through briefing on a preliminary motion to dismiss, months of discovery, multiple…
2Cases cited26 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Atlantic Richfield Co. v. Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 2000
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Thom v. Bristol-Myers Squibb Co.Court of Appeals for the Tenth Circuit · 2003
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3Cited by3 opinions
- Catholic Sch. Emps. Pension Trust v. AbreuBankruptcy Appellate Panel of the First Circuit · 2019
- In re Catholic Sch. Emps. Pension TrustUnited States Bankruptcy Court, D. Puerto Rico · 2018
- In re: Catholic School Employees Pension TrustUnited States Bankruptcy Court, D. Puerto Rico · 2018