Legal Opinion
Smelcer v. Citizens Bank (In re Hart Oil & Gas, Inc.)
United States Bankruptcy Court, D. New Mexico
Decided July 2, 2015No. Case No. 12-13558 t11; Adv. No. 14-01138 tPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Defendant’s motion to dismiss all claims in this adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(1) or 12(b)(6). The matter has been fully briefed and argued. For the reasons set forth below, the Court will dismiss most of the claims because they were not reserved in the confirmed plan of liquidation.
I. FACTS
For the purpose of ruling on the Fed. R. Civ. P. 12(b)(1) arguments, the Court finds the following facts:1
Debtor commenced this Chapter 11 case on September 25, 2013. Pre-petition, defendant…
2Cases cited73 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
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3Cited by1 opinion
- HRV Santa Fe, LLC v. WolfUnited States Bankruptcy Court, D. New Mexico · 2024