Legal Opinion
In Re Affiliated Food Stores, Inc. Group Benefit Trust
United States Bankruptcy Court, N.D. Texas
Decided December 8, 1991No. 15-33916PublishedCited by 12 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
ROBERT McGUIRE, Chief Judge.
On September 6, 1991, the Court considered the motion of Diamond Food Markets, Inc. (“Diamond”), a creditor, to dismiss the above-captioned bankruptcy case for lack of subject matter jurisdiction. Specifically, Diamond asserts that Affiliated Food Stores, Inc. Group Benefit Trust (“Debtor”) is not a “person” eligible for relief under § 109(a) and (d) of the Bankruptcy Code. Diamond further asserts that Debtor, acting as a self-funded employee benefit plan, does not conduct its business for profit, and therefore, does not qualify as a…
2Cases cited36 opinions
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Arizona v. Maricopa County Medical SocietySupreme Court of the United States · 1982
- Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
- Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
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3Cited by12 opinions
- Atlantic Healthcare Benefits Trust v. GooginsCourt of Appeals for the Second Circuit · 1993
- In Re First Assured Warranty Corp.United States Bankruptcy Court, D. Colorado · 2008
- In Re Secured Equipment Trust Of Eastern Airlines, Inc., DebtorCourt of Appeals for the First Circuit · 1994
- Cutler v. 65 Security PlanDistrict Court, E.D. New York · 1993
- Shawmut Bank Connecticut, National Ass'n LNC Investments v. First Fidelity BankCourt of Appeals for the Second Circuit · 1994
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