Legal Opinion

Kleven v. Norkus (In Re Chochos)

United States Bankruptcy Court, N.D. Indiana

Decided May 19, 2005No. 19-10215PublishedCited by 3 opinions

1Opinion of the Court

DECISION ON MOTION TO DISMISS

ROBERT E. GRANT, Bankruptcy Judge.

The trustee initiated this adversary proceeding by filing a complaint against the recipients of a number of allegedly improper transfers made by the debtor. Only one of the defendants, Voyles, Zahn, Paul, Hogan & Merriman, responded and it did so by filing a motion to dismiss the claims against it — Counts II and III of the complaint — for a variety of deficiencies, including the failure to plead fraud with the particularity required by Rule 9(b) and a misjoinder of claims. It is this motion that is presently before the court.

Count…

2Cases cited11 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. General Electric Capital Corporation v. Lease Resolution CorporationCourt of Appeals for the Seventh Circuit · 1997
  3. Nathaniel MOSLEY Et Al., Appellants, v. GENERAL MOTORS CORPORATION Et Al., AppelleesCourt of Appeals for the Eighth Circuit · 1974
  4. Mark F. Elmore v. William J. Henderson, Postmaster GeneralCourt of Appeals for the Seventh Circuit · 2000
  5. John A. Ackerman v. Northwestern Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999

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3Cited by3 opinions

  1. Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
  2. Airport Boulevard Apartments, Ltd. v. NE 40 Partners, Ltd. Partnership (In Re NE 40 Partners, Ltd. Partnership)United States Bankruptcy Court, S.D. Texas · 2009
  3. In Re WhiteUnited States Bankruptcy Court, N.D. Indiana · 2009

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