Legal Opinion

Stanziale ex rel. Evergreen Energy, Inc. v. Khan (In re Evergreen Energy, Inc.)

United States Bankruptcy Court, D. Delaware

Decided February 11, 2016No. Case No. 12-10289 (KJC) (Jointly Administered); Adversary No. 12-50740 (KJC)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM2

BY: KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE

On January 23, 2012, Evergreen Energy, Inc. (“Evergreen”) and related entities filed chapter 7 bankruptcy petitions in this Court. The chapter 7 trustee, Charles A. Stanziale, Jr., (the “Trustee”) filed a 15 count adversary complaint against former director Ilyas Tariq Khan (“Khan”) and entities that he owned or controlled (the “Defendants”), alleging claims based on fraud, negligent misrepresentation, breach of fiduciary duty, tortious interference with prospective business relations, avoidance of fraudulent transfers and…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  5. Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011

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3Cited by5 opinions

  1. Blockchain Innovation, LLC v. Franklin Resources, Inc.District Court, N.D. California · 2023
  2. Blockchain Innovation, LLC v. Franklin Resources, Inc.District Court, N.D. California · 2024
  3. De La Rochelle v. Woodbridge Grp. of Cos. (In re Woodbridge Grp. of Cos.)United States Bankruptcy Court, D. Delaware · 2018
  4. Miller v. FallasUnited States Bankruptcy Court, D. Delaware · 2022
  5. Our Alchemy, LLC - Adversary ProceedingUnited States Bankruptcy Court, D. Delaware · 2022

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