Legal Opinion
Cox v. Smith (In re Central Illinois Energy Cooperative)
United States Bankruptcy Court, C.D. Illinois
Decided December 6, 2016No. Case No. 09-81409; Adv. No. 11-8027PublishedCited by 3 opinions
1Opinion of the Court
OPINION
Thomas L. Perkins, United States Bankruptcy Judge
This matter is before the Court on the motion of the defendant, Michael W. Smith, to dismiss the First Amended Complaint filed by the plaintiff, A. Clay Cox, as Chapter 7 Trustee for the estate of Central Illinois Energy Cooperative (Co.-op).
A. Factual and Procedural Background
As alleged in the First Amended Complaint, the Co-op was created by a group of farmers in 2001 as an association formed under the Illinois Agricultural Cooperative Act (ACA), 805 ILCS 815/1 et seq., with a stated corporate purpose to construct and operate an…
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