Legal Opinion

Faricy Law Firm, P.A. v. A.P.I., Inc. (In re A.P.I., Inc.)

United States Bankruptcy Court, D. Minnesota

Decided September 9, 2015No. BKY 05-30073; ADV 15-3096PublishedCited by 3 opinions

1Opinion of the Court

*904ORDER ON PETITIONER’S MOTION FOR ABSTENTION AND REMAND

GREGORY F. KISHEL, CHIEF UNITED STATES BANKRUPTCY JUDGE

In early 2005, Debtor A.P.I., Inc. filed for relief under Chapter 11. It did so because it was faced with a multi-part problem: multiple, substantial claims in litigation against it, for damages based on plaintiffs’ exposure to asbestos in materials sold or installed by it; at least one very large unsatisfied judgment on such liability; and substantial contests with its liability insurers over the continuation of coverage for such liability. The Bankruptcy Code made certain very…

2Cases cited24 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  3. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  4. James ABRAMOWITZ, D.D.S., Appellee, v. Toni PALMER, AppellantCourt of Appeals for the Eighth Circuit · 1993
  5. Jennifer N. Kocher Darlene Kocher Carl Kocher v. Dow Chemical Company E.I. Du Pont De Nemours & CompanyCourt of Appeals for the Eighth Circuit · 1997

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3Cited by3 opinions

  1. AY McDonald Indus., Inc. v. McDonald (In re McDonald)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
  2. Chai Misty Le v. Wells Fargo Bank, N.A. (In re Le)United States Bankruptcy Court, D. Minnesota · 2015
  3. AY McDonald Industries Inc. v. Michael B. McDonaldUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2018

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