Legal Opinion

HLI Creditor Trust v. Export Corp. (In Re Hayes Lemmerz International, Inc.)

United States Bankruptcy Court, D. Delaware

Decided July 27, 2004No. 19-10445PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Chief Judge.

Before the Court is the Motion of Export Corporation (“Export”) to Dismiss with prejudice the preference Complaint filed by HLI Creditor Trust (“the Plaintiff’) for failure to state a claim upon which relief may be granted. The Motion is opposed by the Plaintiff. After considering the arguments of both parties, the Motion to Dismiss will be denied for the reasons set forth below.

I.BACKGROUND

On December 5, 2001 (“the Petition Date”), Hayes Lemmerz International, Inc., and several of its affiliates (“the Debtors”) filed voluntary petitions for…

2Cases cited10 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
  5. Michael Weston v. Commonwealth of of PennsylvaniaCourt of Appeals for the Third Circuit · 2001

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3Cited by12 opinions

  1. Phoenix Restaurant Group, Inc. v. Proficient Food Co. (In Re Phoenix Restaurant Group, Inc.)District Court, M.D. Tennessee · 2007
  2. Peltz v. Hartford Life Insurance (In Re Bridge Information Systems, Inc.)United States Bankruptcy Court, E.D. Missouri · 2005
  3. Zenith Industrial Corp. v. Longwood Elastomers, Inc. (In Re Zenith Industrial Corp.)United States Bankruptcy Court, D. Delaware · 2005
  4. Gonzales v. Sun Life Insurance (In re Furr's Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2012
  5. Devices Liquidation Trust v. KMT Wireless, LLC (In re Pers. Commc'ns Devices, LLC)United States Bankruptcy Court, E.D. New York · 2018

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