Legal Opinion

National Retail Development Partners I, LLC v. Maness (In Re Mortgages Ltd.)

United States Bankruptcy Court, D. Arizona

Decided December 11, 2008No. 2:08BK07465-RJHPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER DENYING MOTION TO REMAND

HAINES, Bankruptcy Judge.

This is a breach of contract action alleging that certain “investors” in Mortgages Ltd., the debtor in possession in a chapter 11 case pending before this Court, assumed some of its obligation to fund a construction loan to the Plaintiff, and then failed to fully fund that loan. The case was originally filed in Maricopa County Superior Court but some of the defendants, including the five Mortgages Ltd. Opportunity Funds, timely removed it pursuant to the bankruptcy removal statute, 28 U.S.C. § 1452. Plaintiff has moved to…

2Cases cited13 opinions

United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005

8 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Hoyt v. Aerus Holdings, L.L.C.United States Bankruptcy Court, D. Arizona · 2011