Legal Opinion

Dinkins v. Margaretten & Co. (In Re Dinkins)

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 5, 1987No. 14-11823PublishedCited by 18 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

Before us is a Motion of an entity designated in the pleadings as “J.B. HEAVEY & CO.” (hereinafter referred to as “the Mov-ant”), to dismiss the Plaintiff-Debtor’s Complaint against it, the only remaining defendant, on several grounds, presumably pursuant to Bankruptcy Rule (hereinafter referred to as “B.Rule”) 7012 and Federal Rules of Civil Procedure (hereinafter referred to as “F.R.Civ.P.) 12(b)(6) and (b)(7). Given the very demanding standards which a movant must meet to prevail upon such a Motion, we are constrained to deny the instant Motion, but…

2Cases cited27 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. McLain v. Real Estate Board of New Orleans, Inc.Supreme Court of the United States · 1980
  5. Harris v. BalkSupreme Court of the United States · 1905

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

3Cited by18 opinions

  1. Fox v. Hill (In Re Fox)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Sacred Heart Hospital v. Independence Blue Cross (In Re Sacred Heart Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1995
  3. Fricker v. First Pennsylvania Bank, N.A. (In Re Fricker)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  4. Mosley v. Meritor Mortgage Corp.-East (In Re Mosley)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re Moore & White Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988

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

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