Legal Opinion

Official Committee of Unsecured Creditors Ex Rel. Hechinger Investment Co. of Delaware, Inc. v. Fleet Retail Finance Group, Inc. (In Re Subpoena Issued to Friedman)

District Court, S.D. New York

Decided December 10, 2002No. Misc. No. M8-85, Bankruptcy Nos. 99-2261(PJW) to 99-2283(PJW), Adversary No. 00-840-RRMPublishedCited by 3 opinions

1Opinion of the Court

DECISION

MILTON POLLACK, Senior District Judge.

The defendants, former directors of a Delaware Company now in bankruptcy, have moved for an Order quashing the subpoena duces tecum issued in this District by the Liquidation Trust of the Company (the “Trust”). The Trust seeks to compel the testimony of counsel who formerly represented the bankrupt company and the members of its board of directors in complicated financial transactions in 1997, two years before the bankruptcy.

The moving party’s Amended Complaint alleges that the former directors breached their fiduciary duties by voting in favor of…

2Cases cited6 opinions

  1. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  2. Odyssey Partners, L.P. v. Fleming Companies, Inc.Court of Chancery of Delaware · 1999
  3. Official Committee of Unsecured Creditors of Buckhead America Corp. v. Reliance Capital Group, Inc. (In Re Buckhead America Corp.)District Court, D. Delaware · 1994
  4. Odmark v. Westside Bancorporation, Inc.District Court, W.D. Washington · 1986
  5. Official Committee of Unsecured Creditors of Hechinger Investment Co. v. Fleet Retail Finance Group (In Re Hechinger Investment Co.)District Court, D. Delaware · 2002

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3Cited by3 opinions

  1. In Re: Subpoena Issued to Dennis Friedman, Esq. Of Gibson, Dunn & Crutcher Llp, Hechinger Investment Company of Delaware, Inc., Debtor the Official Committee of Unsecured Creditors of Hechinger Investment Company of Delaware, Inc. On Behalf of Hechinger Investment Company of Delaware, Inc. v. Dennis Friedman, Esq., John W. Hechinger, Sr., John W. Hechinger, Jr., W. Clark McLelland Kenneth J. Cort, Ann D. Jordan, Robert S. Parker, S. Ross Hechinger, Melvin A. Wilmore, Alan J. Zakon, Fleet Retail Finance GroupCourt of Appeals for the Second Circuit · 2003
  2. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
  3. Hechinger Investment Co. of Delaware, Inc. v. FriedmanCourt of Appeals for the Second Circuit · 2003

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