Legal Opinion
Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)
United States Bankruptcy Court, D. Delaware
Decided September 7, 2007No. 17-12583PublishedCited by 3 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Motion of Michael W. Trickey (“Trickey”) and the Berkshire Group, LP (“Berkshire”) for dismissal of the aiding and abetting a breach of fiduciary duty and civil conspiracy counts of the above captioned amended complaint against them, with prejudice. For the reasons set forth below, the Court will deny the motion.
I. BACKGROUND
American Business Financial Services, Inc. (“the Debtor”) and its subsidiaries operated as a financial services organization that originated and serviced mortgage loans primarily to credit-impaired…
2Cases cited16 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Maio v. Aetna, Inc.Court of Appeals for the Third Circuit · 2000
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3Cited by3 opinions
- Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)United States Bankruptcy Court, D. Delaware · 2011
- James Cable, LLC v. Millennium Digital Media Systems, L.L.C. (In Re Broadstripe, LLC)United States Bankruptcy Court, D. Delaware · 2010
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