Legal Opinion

Sierra Investments, LLC v. SHC, Inc. (In Re SHC, Inc.)

United States Bankruptcy Court, D. Delaware

Decided August 25, 2005No. 19-10185PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are the Motions of Sierra Investments, LLC (“Sierra”) to dismiss the Counterclaims of SHC, Inc. and Top-Flight, Inc. (collectively the “Debtors”), the Committee of Unsecured Creditors (the “Committee”), and Bank of America, N.A. as agent for the pre-petition secured lenders (the “Lenders”). For the reasons set forth below, the Court will grant in part and deny in part the Motions to Dismiss.

I. FACTUAL BACKGROUND

On August 15, 1996, the predecessors in interest to Sierra and the Debtors executed a Recapitalization and Stock…

2Cases cited36 opinions

Conley v. GibsonSupreme Court of the United States · 1957
Sharp v. KosmalskiNew York Court of Appeals · 1976
Price v. PriceNew York Court of Appeals · 1986
QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986

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

3Cited by16 opinions

Official Committee of Unsecured Creditors of Fedders North America, Inc. Ex Rel. Debtors' Estates v. Goldman Sachs Credit Partners L.P. (In Re Fedders North America, Inc.)United States Bankruptcy Court, D. Delaware · 2009
Burtch v. Huston (In Re USdigital, Inc.)United States Bankruptcy Court, D. Delaware · 2011
Walker Ex Rel. Aphton Corp. v. Sonafi Pasteur (In Re Aphton Corp.)United States Bankruptcy Court, D. Delaware · 2010
Crowe v. Moran (In Re Moran)United States Bankruptcy Court, D. Delaware · 2009
In Re Capmark Financial Group Inc.United States Bankruptcy Court, D. Delaware · 2010

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