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Xtreme Power Plan Trust ex rel. DeCaro v. Schindler (In re Xtreme Power Inc.)

United States Bankruptcy Court, W.D. Texas

Decided December 22, 2016No. CASE NO. 14-10096-HCM; ADVERSARY NO. 16-01004-HCMPublishedCited by 9 opinions

1Opinion of the Court

OPINION REGARDING MOTIONS TO DISMISS AMENDED COMPLAINT

H. CHRISTOPHER MOTT, UNITED STATES BANKRUPTCY JUDGE

This type of lawsuit has become somewhat commonplace—directors of a now defunct corporation are sued for breach of fiduciary duties. Here, the parties are currently “Frozen”1 in battle—as the Defendants filed motions to dismiss under Rule 12(b)(6), echoing “Indina Menzel” to demand that the Plaintiff just “let it go.” For the most part, the Court agrees with the Defendants and will send all but a single claim to a wintery grave.

I

PROCEDURAL BACKGROUND

A. Bankruptcy Case

On January 22, 2014,…

2Cases cited56 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  5. Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000

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3Cited by9 opinions

  1. Kravitz v. Summersett (In re Great Lakes Comnet, Inc.)United States Bankruptcy Court, W.D. Michigan · 2018
  2. D.H. Griffin Wrecking Company, Inc. v. 1031 Canal Development, LLCDistrict Court, E.D. Louisiana · 2020
  3. In re: Great Lakes Comnet, Inc., et al. v. John Sumersett, Paul Bowman, Ryan Thelen, Andre Cooks, Randy Fletcher, Janet Beilfuss, Sidney Shank, Todd Roesler, Duane Bronson, David LaRocca, Les Jenkins, George Orphan, David Schroeder, John Lodden, Michigan Network Services, Local Exchange Carriers of Michigan Inc., IBDC Telecom Corporation, Nuleef Communications LLC, and John DoesUnited States Bankruptcy Court, W.D. Michigan · 2018
  4. Liquidation Trust of Solutions Liquidation LLC (f v. StienesUnited States Bankruptcy Court, D. Delaware · 2019
  5. Manning v. Merrill Lynch Pierce Fenner & Smith IncorporatedDistrict Court, E.D. Texas · 2024

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