Legal Opinion
In re American Housing Foundation
United States Bankruptcy Court, N.D. Texas
Decided February 10, 2012No. 09-20232-RLJ-11PublishedCited by 5 opinions
1Opinion of the Court
OMNIBUS MEMORANDUM OPINION
ROBERT L. JONES, Bankruptcy Judge.
The Court addresses 37 motions filed in 20 lawsuits by 96 defendants, all of which seek dismissal of bankruptcy-based causes of action upon the authority of the Supreme Court’s opinion in Stern v. Marshall, 564 U.S. -, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011) (“Stern”).1 The motions assert other grounds for dismissal; this memorandum opinion addresses only the Stem-h&sed grounds for dismissal. The suits include fraudulent transfer actions based both on substantive federal law (§ 548 of the Bankruptcy Code) and substantive state law…
2Cases cited16 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Stern v. MarshallSupreme Court of the United States · 2011
- Yakus v. United StatesSupreme Court of the United States · 1944
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
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3Cited by5 opinions
- KHI Liquidation Trust v. Wisenbaker Builder Services, Inc. (In re Kimball Hill, Inc.)United States Bankruptcy Court, N.D. Illinois · 2012
- Sarachek v. Right Place, Inc. (In re Agriprocessors, Inc.)United States Bankruptcy Court, N.D. Iowa · 2012
- Goodman v. Triple "C" Marine Salvage, Inc. (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
- Willson v. McPhersons Partnership (In re Central Louisiana Grain Cooperative, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
- Jalbert v. Southern Strategy Group of Louisiana LLCUnited States Bankruptcy Court, W.D. Louisiana · 2019