Legal Opinion

In re Energy Conversion Devices, Inc.

United States Bankruptcy Court, E.D. Michigan

Decided January 30, 2015No. Case No. 12-43166 (Jointly Administered)PublishedCited by 1 opinion

1Opinion of the Court

OPINION REGARDING LIQUIDATION TRUSTEE’S OBJECTION TO CLAIM NUMBER 321 OF JOHN AUSTIN MURPHY

Thomas J. Tucker, United States Bankruptcy Judge

The dispute now before the Court, at this post-confirmation stage in these jointly-administered Chapter 11 cases, concerns the claim of a shareholder of one of the bankruptcy Debtors, seeking damages for an alleged post-petition breach of fiduciary duty by that Debtor. The shareholder’s damage claim is that this breach caused a substantial drop in the value of his stock in the Debtor. The issue is whether the shareholder’s claim must be subordinated under…

2Cases cited25 opinions

  1. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  2. Reading Co. v. BrownSupreme Court of the United States · 1968
  3. In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
  4. Allard v. Coenen (In Re Trans-Industries, Inc.)United States Bankruptcy Court, E.D. Michigan · 2009
  5. Arnold v. Society for Sayings Bancorp, Inc.Supreme Court of Delaware · 1996

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3Cited by1 opinion

  1. Krisu Hospitality, LLCUnited States Bankruptcy Court, N.D. Texas · 2021

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