Vogen Funding, L.P. v. Wener

By Judge Clifford R. Weckstein

Under a written contract (the “Loan Agreement”), Vogen Funding, L.P., loaned $2,400,000 to New River Industries, Inc. In short order, New River filed for bankruptcy protection, and the bankruptcy court extinguished its obligations to repay Vogen. For the reasons discussed below, the court states the facts in the light most favorable to Vogen, assuming that all factual assertions in the complaint are true and drawing any inferences in aid of the plaintiffs complaint. This suit is Vogen’s effort to recoup from others the money it loaned to New River. In a…