Legal Opinion
NHI, Inc. v. Fleetboston Financial Corp. (In re NHI, Inc.)
United States Bankruptcy Court, D. Delaware
Decided February 11, 2005No. Bankruptcy No. 02-10651(PJW); Adversary No. 04-52879(PJW)Published
1Opinion of the Court
*565MEMORANDUM OPINION
PETER J. WALSH, Bankruptcy Judge.
This opinion is with respect to defendants’ motion (Doc. # 51) to dismiss NHI, Inc.’s second amended complaint (Doc. # 45). For the reasons set forth below, the Court will deny the motion.
BACKGROUND
NHI, Inc. (“NHI”) was the first pre-manufactured home-builder in Delaware and conducted a successful manufacturing business for more than thirty years. Over time, NHI and its affiliated companies and related entities greatly increased their indebtedness to their bank, Mercantile Safe Deposit and Trust Company (“Mercantile”). All outstanding debt…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Eileen Cowell v. Palmer TownshipCourt of Appeals for the Third Circuit · 2001
- Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
- Paul J. Glick v. White Motor Company v. North American Rockwell Corp., (Third Party Defendant)Court of Appeals for the Third Circuit · 1972
- Fisher v. Townsends, Inc.Supreme Court of Delaware · 1997
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