Legal Opinion

Badger Freightways, Inc. v. Continental Illinois National Bank & Trust Co. of Chicago (In Re Badger Freightways, Inc.)

United States Bankruptcy Court, N.D. Illinois

Decided November 2, 1989No. 19-05712PublishedCited by 47 opinions

1Opinion of the Court

MEMORANDUM OPINION ON CONTINENTAL’S MOTION TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Badger Freightways, Inc. (“Debtor”) is a debtor-in-possession under Chapter 11 of the Bankruptcy Code. Badger filed this five count Adversary Complaint against Continental Illinois National Bank and Trust Company of Chicago (“Continental”), Frank Slykas, and the United States of America. Continental moved to dismiss all five counts for asserted failure to state a claim upon which relief can be granted. Badger subsequently moved to amend Count IV of its complaint. Badger’s motion was granted and it filed…

2Cases cited32 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Briscoe v. LaHueSupreme Court of the United States · 1983
  4. 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
  5. Briscoe v. LahueCourt of Appeals for the Seventh Circuit · 1981

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3Cited by47 opinions

  1. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  2. 80 Nassau Associates v. Crossland Federal Savings Bank (In Re 80 Nassau Associates)United States Bankruptcy Court, S.D. New York · 1994
  3. Aluminum Mills Corp. Ex Rel. Official Unsecured Creditors Committee v. Citicorp North America, Inc. (In Re Aluminum Mills Corp.)United States Bankruptcy Court, N.D. Illinois · 1991
  4. Rosania v. Haligas (In Re Dry Wall Supply, Inc.)District Court, D. Colorado · 1990
  5. Pajaro Dunes Rental Agency, Inc. v. Spitters (In Re Pajaro Dunes Rental Agency, Inc.)United States Bankruptcy Court, N.D. California · 1994

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