Legal Opinion

Kelley v. Opportunity Finance, LLC (In re Petters Co.)

United States Bankruptcy Court, D. Minnesota

Decided December 1, 2016No. JOINTLY ADMINISTERED UNDER CASE NO. 08-45257; Court File Nos.: 08-45258 (KHS), 08-45326 (KHS), 08-45327 (KHS), 08-45328 (KHS), 08-45329 (KHS), 08-45330 (KHS), 08-45331 (KHS), 08-45371 (KHS), 08-45392 (KHS); ADV. 10-4301PublishedCited by 7 opinions

1Opinion of the Court

*745ORDER ON OPPORTUNITY FINANCE DEFENDANTS’ MOTION FOR DISMISSAL & REMAINING UNIQUE ISSUES

KATHLEEN H. SANBERG CHIEF UNITED STATES BANKRUPTCY JUDGE

This adversary proceeding is part of the Chapter 11 cases of Petters Company, Inc., and related entities. The history of these cases is well documented and, for the sake of brevity, will not be repeated here.1 The Opportunity Finance defendants,2 as well as WestLB3 and the Minneapolis Foundation, filed Motions to Dismiss containing numerous bases for dismissal.4 Many of those arguments have already been addressed by the Court.5 Most of the remaining…

2Cases cited65 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
  5. WALLACE EX REL. CENCOM v. WoodCourt of Chancery of Delaware · 1999

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3Cited by7 opinions

  1. Gierum v. Glick (In re Glick)United States Bankruptcy Court, N.D. Illinois · 2017
  2. Moss v. Associated UnderwritersNebraska Court of Appeals · 2020
  3. Brekelmans v. SalasUnited States Bankruptcy Court, M.D. Tennessee · 2021
  4. Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2022
  5. The Loan Source Inc. and The 1993 Steven D. Kravitz Family Trust v. Newity LLC and ACAP SME, LLC; ACAP SME, LLC v. The Loan Source Inc. and The 1993 Steven D. Kravitz Family TrustDistrict Court, D. Delaware · 2026

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