Legal Opinion
Official Committee of Unsecured Creditors of Moll Industries, Inc. v. Highland Capital Management L.P. (In Re Moll Industries, Inc.)
United States Bankruptcy Court, D. Delaware
Decided August 3, 2011No. 91-00482PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court are two motions to dismiss. In their motion to dismiss, the Secured Lenders contend that the Committee has failed to present sufficient allegations to state a claim that their claims should be recharacterized as equity or equitably subordinated, or that their security interest on one of the Debtors’ bank accounts should be avoided. For the reasons stated below, the Court agrees and will grant the Secured Lenders’ motion to dismiss regarding the Committee’s claims for recharacterization or equitably subordination. However,…
2Cases cited28 opinions
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- Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
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3Cited by21 opinions
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