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Legal Opinion

MB Ltd. Partnership v. Nutri/System, Inc. (In Re Nutri/System, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 8, 1994No. 17-10769PublishedCited by 9 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

The two instant adversary proceedings (“the Proceedings”), permitted to be main- tamed as class actions pursuant to Federal Rule of Bankruptcy Procedure (“F.R.B.P.”) 7023 and Federal Rule of Civil Procedure (“F.R.Civ.P.”) 23(b)(3), represent efforts by the named plaintiffs, on behalf of all former landlords of the Debtors’ stores (“the Landlords”), to recoup lost administrative rents from a group of companies which were involved in the acquisition of the Debtors’ assets, under three theories of liability. First, the Landlords seek to…

2Cases cited61 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  4. Coryell v. PhippsSupreme Court of the United States · 1943
  5. Zubik v. ZubikCourt of Appeals for the Third Circuit · 1967

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3Cited by9 opinions

  1. 718 Arch Street Associates, Ltd. v. Blatstein (In Re Main, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  2. Ansel Properties, Inc. v. Nutri/System of Florida Associates (In Re Nutri/System of Florida Associates)District Court, E.D. Pennsylvania · 1995
  3. Bank of New York v. Epic Resorts—Palm Springs Marquis Villas, LLC (In Re Epic Capital Corp.)United States Bankruptcy Court, D. Delaware · 2003
  4. In Re Mall at One Associates, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1995
  5. In Re After Six, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1995

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