Legal Opinion

Hadeed v. Advanced Vascular Res. of Johnstown, LLC (In re Advanced Vascular Res. of Johnstown, LLC)

United States Bankruptcy Court, W.D. Pennsylvania

Decided September 24, 2018No. Case No. 17-70825-JADPublishedCited by 1 opinion

1Opinion of the Court

Jeffery A. Deller, United States Bankruptcy Judge

Samir Hadeed, M.D. and Johnstown Heart and Vascular Center, Inc. (collectively, the "Movants") have moved to dismiss the above captioned bankruptcy case. Among the reasons averred for dismissal is the contention that this chapter 11 filing is an ultra vires filing due to lack of consent by the owners of the "Majority Interest" of the units in the Debtor (which is a limited liability company).2

The United States Supreme Court long ago opined that with respect to corporations, the entity vested with "the power of management" has the requisite…

2Cases cited7 opinions

Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
Eagle Industries, Inc. v. DeVilbiss Health Care, Inc.Supreme Court of Delaware · 1997
City Investing Co. Liquidating Trust v. Continental Casualty Co.Supreme Court of Delaware · 1993
Price v. GurneySupreme Court of the United States · 1945
Mbia Insurance Corporation Wells Fargo Bank Minnesota, N.A., as Trustee of Sfc Grantor Trust, Series 2000-1, Sfc Grantor Trust, SeriesCourt of Appeals for the Third Circuit · 2005

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3Cited by1 opinion

3P Hightstown, LLCUnited States Bankruptcy Court, D. New Jersey · 2021