Legal Opinion

S.N. Phelps & Co. v. Circle K Corp. (In Re Circle K Corp.)

United States Bankruptcy Court, D. Arizona

Decided August 23, 1994No. Bankruptcy Nos. B-90-5052-PHX-GBN to B-90-5075-PHX-GBN. Adv. No. 93-1123-GBNPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

GEORGE B. NIELSEN, Jr., Chief Judge.

I

Plaintiffs are debenture holders asserting claims against debtors in the approximate amount of $90 million. Under the terms of a Chapter 11 reorganization plan confirmed on June 16, 1993, Circle K was sold to CK Acquisitions Corporation for $399.5 million in cash. CK Acquisitions Corporation was controlled by an investment entity known as Investcorp.

In a timely filed complaint under 11 U.S.C. § 1144, plaintiffs alleged defendants perpetrated a fraud during confirmation of debtors’ plan. The amended complaint charges defendants…

2Cases cited8 opinions

  1. Robert J. Pelletier v. Federal Home Loan Bank of San Francisco, and John W. BehrensCourt of Appeals for the Ninth Circuit · 1992
  2. In Re Club Associates, Debtor. First Union Real Estate Equity and Mortgage Investments v. Club Associates, a Georgia Limited PartnershipCourt of Appeals for the First Circuit · 1992
  3. In Re Basil N. Spirtos, Debtor. Basil N. Spirtos v. Irene MorenoCourt of Appeals for the Ninth Circuit · 1993
  4. In the Matter of NEWPORT HARBOR ASSOCIATES, D/B/A Newport Harbor Treadway, Inc., Etc. and James W. Kirby, Etc., Debtors, AppellantsCourt of Appeals for the First Circuit · 1978
  5. Oxford Life Insurance v. Tucson Self-Storage, Inc. (In Re Tucson Self-Storage, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

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3Cited by13 opinions

  1. Elliott v. General Motors LLCCourt of Appeals for the Second Circuit · 2016
  2. Almeroth v. Innovative Clinical Solutions, Ltd. (In Re Innovative Clinical Solutions, Ltd.)United States Bankruptcy Court, D. Delaware · 2003
  3. Tenn-Fla Partners v. First Union National Bank of FloridaDistrict Court, W.D. Tennessee · 1999
  4. Varde Investment Partners, L.P. v. Comair, Inc. (In Re Delta Air Lines, Inc.)United States Bankruptcy Court, S.D. New York · 2008
  5. S.N. Phelps & Co. v. Circle K Corp. (In Re Circle K Corp.)United States Bankruptcy Court, D. Arizona · 1995

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