Legal Opinion
Merritt v. MidAtlantic Farm Credit, ACA (In re Merritt)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 25, 2015No. Case No. 11-18134 (JKF); Adversary No. 13-0532PublishedCited by 9 opinions
1Opinion of the Court
OPINION
Jean K. FitzSimon, United States Bankruptcy Judge
Before the Court are two motions (collectively the “Motions”) involving the com*848plaint (“Complaint”). Defendant, Cheshire Land Preservation Fund (“Cheshire”), moves to have the Complaint, which asserts a fraudulent conveyance claim against it under Bankruptcy Code § 548(a)(1)(B), dismissed with prejudice. In contrast, plaintiff/debtor, Linda Merritt (“Debtor”), moves the Court for leave to file an amended complaint (“Amended Complaint”) which would add a derivative claim against Cheshire for breach of fiduciary duty and dissipation of…
2Cases cited43 opinions
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- Bell v. HoodSupreme Court of the United States · 1946
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
- Stern v. MarshallSupreme Court of the United States · 2011
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3Cited by9 opinions
- Boltz-Rubinstein v. BAC Home Loans Servicing/Bank of America, N.A. (In re Boltz-Rubinstein)United States Bankruptcy Court, E.D. Pennsylvania · 2017
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- Crespo v. Immanuel (In re Crespo)District Court, E.D. Pennsylvania · 2017
- Berger v. Commonwealth (In re Berger)United States Bankruptcy Court, W.D. Pennsylvania · 2019
- Rotondo Weirich Enters., Inc. v. Sundt/Layton (In re Rotondo Weirich Enters., Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2018
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