Legal Opinion
Energy Future Intermediate Holding Co. LLC v. UMB Bank, N.A. (In re Energy Future Holdings Corp.)
United States Bankruptcy Court, D. Delaware
Decided June 15, 2015No. Case No. 14-10979 (CSS) (Jointly Administered); Adv. Pro. No: 14-51002 (CSS)PublishedCited by 1 opinion
1Opinion of the Court
OPINION1
Sontchi, J.
INTRODUCTION2
Before the Court is the defendant’s3 motion to dismiss (“Motion to Dismiss”) the Complaint for lack of subject matter jurisdiction alleging that the plaintiffs-EFIH Debtors have presented no case or controversy in the Complaint, and thus, the issues are not ripe for adjudication. The EFIH Debtors’ complaint (the “Complaint”) seeks declaratory judgment related to prepayment penalties and post-petition interest in connection with the repayment of the PIK Notes. The Trustee seeks dismissal of the Complaint because the EFIH Debtors have not paid the PIK Notes and…
2Cases cited15 opinions
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Step-Saver Data Systems, Inc. v. Wyse Technology, the Software Link, IncCourt of Appeals for the Third Circuit · 1990
- Travelers Insurance Company v. Lisa Ann ObusekCourt of Appeals for the Third Circuit · 1995
- Pittsburgh MacK Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66Court of Appeals for the Third Circuit · 2009
- Armstrong World Industries, Inc. v. AdamsCourt of Appeals for the Third Circuit · 1992
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3Cited by1 opinion
- In re Energy Future Holdings Corp.United States Bankruptcy Court, D. Delaware · 2015