Legal Opinion
Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)
United States Bankruptcy Court, D. Delaware
Decided July 28, 2011No. 00-04471PublishedCited by 20 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the motion for summary judgment filed by the Defendants, the Berkshire Group, LP (“Berkshire”) and Michael W. Trickey (“Trickey”), on all counts of the Trustee’s Amended Complaint. The crux of the issues presented is whether the relationship between the Defendants and the Trustee rose to a level of a fiduciary. For the reasons set forth below the Court finds it did not and consequently will grant the motion.
I. BACKGROUND
American Business Financial Services, Inc. (the “Debtor”) and its subsidiaries operated as a financial services…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Stern v. MarshallSupreme Court of the United States · 2011
- Chiarella v. United StatesSupreme Court of the United States · 1980
26 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Deitz v. FordCourt of Appeals for the Ninth Circuit · 2014
- Burtch v. Seaport Capital, LLC (In re Direct Response Media, Inc.)United States Bankruptcy Court, D. Delaware · 2012
- Deitz v. Ford (In Re Deitz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Weisfelner v. Blavatnik (In Re Lyondell Chemical Co.)District Court, S.D. New York · 2012
- Walker, Truesdell, Roth & Associates ex rel. Extended Stay Litigation Trust v. Blackstone Group, L.P. (In re Extended Stay, Inc.)District Court, S.D. New York · 2011
15 more not listed; retrieve them via the Exa API.