Legal Opinion
Shane v. Marceca (In Re Marceca)
United States Bankruptcy Court, S.D. New York
Decided May 28, 1991No. 18-13920PublishedCited by 7 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS ADVERSARY PROCEEDING
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The defendant, Robert K. Marceca (“Marceca”), seeks to dismiss, pursuant to Fed.R.Civ.P 12(b)(6) and 9(b) and Bankruptcy Rules 7012 and 7009, an adversary proceeding filed on February 8, 1991 (the “Adversary Proceeding”) by the plaintiff, Jonathan Shane (“Shane”). Marceca alleges that the complaint fails to state a claim upon which relief may be granted, fails to plead fraud with particularity as mandated by Fed.R.Civ.P. 9 and attempts to procure a money judgment on a pre-petition claim in violation of 11…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
- Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
- Ross v. A. H. Robins Co.Court of Appeals for the Second Circuit · 1979
- Spradlin v. United StatesSupreme Court of the United States · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Comis v. Bromka (In Re Comis)United States Bankruptcy Court, N.D. New York · 1994
- Bank of Castile v. Kjoller (In Re Kjoller)United States Bankruptcy Court, W.D. New York · 2008
- Dibbern v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2005
- AmSave Credit Corp. v. Marceca (In Re Marceca)United States Bankruptcy Court, S.D. New York · 1991
- IBA, Inc. v. Hoyt (In Re Hoyt)United States Bankruptcy Court, W.D. New York · 2005
2 more not listed; retrieve them via the Exa API.