Legal Opinion

Mountain Glacier LLC v. Nestle Waters North America, Inc. (In re Mountain Glacier LLC)

United States Bankruptcy Court, M.D. Tennessee

Decided January 13, 2017No. Case No: 15-03817; Adv. No 3:16-ap-90113PublishedCited by 1 opinion

1Opinion of the Court

Memorandum Opinion

THE HONORABLE CHARLES M. WALKER, UNITED STATES BANKRUPTCY JUDGE

Before the court is the reorganized debt- or, Mountain Glacier, LLC’s (the “Debt- or”) adversary Complaint against Nestle Waters North America, Inc. (“Nestle”) seeking declaratory judgment pursuant to 28 U.S.C. § 220. The Debtor seeks a determination as to whether the Debtor’s confirmed plan of reorganization preserved its interest in and right to pursue a prepet-ition claim against Nestle. The Debtor now seeks summary judgment.

Jurisdiction

Nestle sought to withdraw the reference by motion to the District Court…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  4. Lavaughn Booker v. Brown & Williamson Tobacco Co., Inc.Court of Appeals for the Sixth Circuit · 1989
  5. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009

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3Cited by1 opinion

  1. Forum HealthUnited States Bankruptcy Court, N.D. Ohio · 2020

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