Legal Opinion

Ochs v. Simon (In Re First Central Financial Corp.)

United States Bankruptcy Court, E.D. New York

Decided November 6, 2001No. 1-19-40850PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the Court on the motion of Superintendent of Insurance for the State of New York (the “Superintendent”), in his capacity as Liquidator of First Central Insurance Company, to dismiss or stay this adversary proceeding, commenced by the Chapter 7 Trustee, on the grounds that the Chapter 7 Trustee lacks standing to assert claims against certain former officers and directors of the debtor holding company for mismanagement and breaches of fiduciary duty and recovery of fraudulent conveyances. In the alternative, the…

2Cases cited31 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  4. Ross v. BernhardSupreme Court of the United States · 1969
  5. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944

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3Cited by6 opinions

  1. Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2002
  2. Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2015
  3. In Re Greenwood Supply Co.United States Bankruptcy Court, D. South Carolina · 2002
  4. Official Committee of Unsecured Creditors of BankUnited Financial Corp. v. Federal Deposit Insurance (In Re Bank United Financial Corp.)United States Bankruptcy Court, S.D. Florida. · 2010
  5. Gorbrook Associates, Inc. v. SilversteinNassau County District Court · 2013

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