Legal Opinion

2435 Plainfield Avenue, Inc. v. Township of Scotch Plains (In Re 2435 Plainfield Avenue, Inc.)

United States Bankruptcy Court, D. New Jersey

Decided August 6, 1998No. 19-11679PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This is the court’s decision on a motion by defendant Township of Scotch Plains (the “Township”) to dismiss a complaint filed by 2435 Plainfield Ave., Inc. (the “debtor”) for failure to state a cause of action pursuant to Fed.R.Civ.P. 12(b)(6) incorporated by reference in Fed.R.Bankr.P. 7012 and on the Township’s motion to quash six subpoenas for Rule 2004 examinations issued on behalf of the debtor. The debtor’s principal argument is that the Township obtained title to the property from the debtor by fraud perpetrated in connection with…

2Cases cited64 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Montana v. United StatesSupreme Court of the United States · 1979

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3Cited by15 opinions

  1. In Re Enron Corp.United States Bankruptcy Court, S.D. New York · 2002
  2. Tsai v. Buildings by Jamie, Inc. (In Re Buildings by Jamie, Inc.)United States Bankruptcy Court, D. New Jersey · 1998
  3. In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2009
  4. York v. Bank of America, N.A. (In Re York)United States Bankruptcy Court, E.D. Tennessee · 2003
  5. Berley Associates, Ltd. v. Eckert (In re Berley Associates, Ltd.)United States Bankruptcy Court, D. New Jersey · 2013

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