Legal Opinion

Burtch v. Opus, L.L.C. (In re Opus East, L.L.C.)

United States Bankruptcy Court, D. Delaware

Decided October 12, 2012No. Bankruptcy No. 09-12261 (MFW); Adversary No. 11-52423 (MFW)PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Defendants’ Partial Motion to Dismiss the Amended Complaint filed by Jeoffrey L. Burtch (the “Trustee”) of the estate of Opus East, L.L.C. (the “Debtor”). For the reasons set forth below, the Court will grant the Motion in part and deny the Motion in part.

I. PROCEDURAL BACKGROUND

The Debtor filed a chapter 7 bankruptcy petition on June 1, 2009. On June 30, 2011, the Trustee filed a Complaint against Opus Corp., Opus, L.L.C. and more than a dozen other individuals and entities (together the “Defendants”) that included…

2Cases cited31 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  5. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997

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3Cited by19 opinions

  1. Sivetts v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2014
  2. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
  3. Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
  4. Wen v. WillisDistrict Court, E.D. Pennsylvania · 2015
  5. Giuliano v. Schnabel (In re DSI Renal Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2017

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