Legal Opinion
NM Enterprises, Inc. v. Harrington (In re Flying Star Cafes, Inc.)
United States Bankruptcy Court, D. New Mexico
Decided May 5, 2017No. Case No. 15-10182 t11; Adv. No. 16-1060-tPublishedCited by 4 opinions
1Opinion of the Court
OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Defendants’ joint motion to dismiss this § 510(b)1 subordination proceeding for lack of standing. The Court concludes that the Plaintiff did not have standing to bring the action in the first instance, and further concludes that the plan confirmed in this case gave the reorganized debtor the sole right to pursue such actions.
I. FACTS
For the purpose of ruling on the motion to dismiss, the Court finds the following:2
Debtor filed this chapter 11 case on January 30, 2015. Each Defendant filed a proof of claim on March…
2Cases cited38 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Allen v. WrightSupreme Court of the United States · 1984
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
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3Cited by4 opinions
- Elswick Co. v. Comm2013 CCRE12 Crossings Mall Rd. LLC (In re Tara Retail Grp., LLC)United States Bankruptcy Court, N.D. West Virginia · 2018
- Alan R. Burnsed and Beverly Amber BurnsedUnited States Bankruptcy Court, S.D. Georgia · 2021
- Roman Catholic Church of the Archdiocese of Santa and Associated Case in US District CourtUnited States Bankruptcy Court, D. New Mexico · 2024
- Sandra Joyce McGrath and Dale Allen RogersUnited States Bankruptcy Court, D. New Mexico · 2020