Legal Opinion
Collins v. Kohlberg & Co. (In Re Southwest Supermarkets, L.L.C.)
United States Bankruptcy Court, D. Arizona
Decided August 25, 2004No. Bankruptcy Nos. 01-14805 EDF-RJH to 01-14812-PHX-RJH, Adversary No. 03-945PublishedCited by 6 opinions
1Opinion of the Court
OPINION RE: DEFENDANTS’ MOTION TO DISMISS
RANDOLPH J. HAINES, Bankruptcy Judge.
Kohlberg’s Motion to Dismiss the Trustee’s First Amended Complaint raises three primary issues: (1) whether a trustee can validly assert claims that were assigned to it by secured creditors; (2) if so, whether the claims are barred by an applicable statute of limitations; and (3) if not, whether a parent company owes a fiduciary duty to its wholly owned subsidiary that is insolvent or nearly so.
The Court concludes that although the Trustee can assert the assigned claims under the present facts, the applicable…
2Cases cited17 opinions
- Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
- St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
- Hecht v. Resolution Trust Corp.Court of Appeals of Maryland · 1994
- Anadarko Petroleum Corp. v. Panhandle Eastern Corp.Supreme Court of Delaware · 1988
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Claybrook v. Morris (In Re Scott Acquisition Corp.)United States Bankruptcy Court, D. Delaware · 2006
- Schnelling v. Thomas (In Re AgriBioTech, Inc.)District Court, D. Nevada · 2004
- Collins v. Kohlberg & Co. (In Re Southwest Supermarkets, LLC)United States Bankruptcy Court, D. Arizona · 2005
- Collins v. Kohlberg & Co. (In Re Southwest Supermarkets, LLC)United States Bankruptcy Court, D. Arizona · 2007
- State Farm Mutual Automobile Insurance v. CorduaDistrict Court, E.D. Pennsylvania · 2011
1 more not listed; retrieve them via the Exa API.