USinternetworking, Inc. v. General Growth Management, Inc. (In Re USinternetworking, Inc.)

MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS I, II AND TV OF DEBTOR’S AMENDED COMPLAINT

E. STEPHEN DERBY, Bankruptcy Judge.

The question raised by Defendant’s motion for partial summary judgment is whether this court should facilitate the reorganized Debtor’s pursuit, for its benefit, of a potentially valuable cause of action for breach of contract that the Debtor failed to disclose to its creditors or to the court, in its schedules or in its disclosure statement, before confirmation of its Chapter 11 plan of reorganization. The answer is no.

I. Facts Not…