Legal Opinion
Simon & Schuster, Inc. v. Advanced Marketing Services, Inc. (In Re Advanced Marketing Services, Inc.)
United States Bankruptcy Court, D. Delaware
Decided January 22, 2007No. 19-10407PublishedCited by 3 opinions
1Opinion of the Court
OPINION 1
CHRISTOPHER S. SONTCHI, District Judge.
This is an adversary proceeding brought by Simon & Schuster, Inc. (“S & S”) to reclaim goods, pursuant to section 546(c) of the Bankruptcy Code. Before the Court is the Emergency Application of Simon & Schuster for Temporary Restraining Order Pursuant to Bankruptcy Rule 7065 [Docket No. 8] (the “TRO Motion”), which is opposed by the Debtors and the Debtors’ secured lenders. 2 Because the goods that S & S seeks to reclaim are subject to prior secured liens, S & S is unable at this time to establish a likelihood of success on the merits of its…
2Cases cited12 opinions
- Instant Air Freight Co. v. C.F. Air Freight, Inc.Court of Appeals for the Third Circuit · 1989
- Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
- Frank's Gmc Truck Center, Inc. v. General Motors CorporationCourt of Appeals for the Third Circuit · 1988
- Campbell Soup Company v. Conagra, Inc. Sallie W. Rosenthal Conagra, Inc. And Sallie RosenthalCourt of Appeals for the Third Circuit · 1992
- Morton v. BeyerCourt of Appeals for the Third Circuit · 1987
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3Cited by3 opinions
- In Re Dana Corp.United States Bankruptcy Court, S.D. New York · 2007
- Honeywell International, Inc. v. North American Refractories Asbestos Personal Injury Settlement Trust (In re North American Refractories Co.)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- In re Reichold Holdings US, Inc.United States Bankruptcy Court, D. Delaware · 2016