Legal Opinion

BOKF, NA v. Wilmington Sav. Fund Soc'y, FSB (In re MPM Silicones, L.L.C.)

District Court, S.D. Illinois

Decided January 4, 2019No. 15-cv-2280(NSR)PublishedCited by 3 opinions

1Opinion of the Court

NELSON S. ROMÁN, United States District Judge

This appeal arises from the United States Bankruptcy Court for the Southern District of New York (Robert D. Drain, B.J.). It pertains to the Bankruptcy Court's granting Appellees' Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c), and it raises five principal questions. The first regards whether the Bankruptcy Court erred in finding, as a matter of law, that the Appellees did not *420breach the Intercreditor Agreement ("ICA"), a contract governed by New York law, by voting in favor of MPM's reorganization plan that Appellants opposed.…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
  5. Dura Pharmaceuticals, Inc. v. BroudoSupreme Court of the United States · 2005

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3Cited by3 opinions

  1. In re Argon Credit, LLCUnited States Bankruptcy Court, N.D. Illinois · 2019
  2. In re PEGGY NESTOR v. ALBERT TOGUT, not individually but solely in his capacity as Chapter 11 TrusteeDistrict Court, S.D. New York · 2026
  3. Rabinowitz v. KelmanDistrict Court, S.D. New York · 2022

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