Legal Opinion

Breeden v. Cowen & Co. (In re Bennett Funding Group, Inc.)

United States Bankruptcy Court, N.D. New York

Decided November 14, 2001No. Bankruptcy No. 96-61376; Adversary No. 98-70521APublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM-DECISION, FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Presently under consideration by the Court is a motion filed by Cowen & Company 1 (“Defendant”) on December 22, 2000, seeking to dismiss the Amended Complaint of Richard C. Breeden, chapter 11 trustee (“Trustee”) of the consolidated estates of The Bennett Funding Group, Inc. (“BFG”) (collectively, the “Debtors”),2 pursuant to Rule 7012(b) of the Federal Rules of Bankruptcy Procedure (“Fed. R.Bankr.P.”) for failure to state a claim upon which relief may be granted and Fed.R.Bankr.P. 7009 for…

2Cases cited11 opinions

  1. Paul Stevelman, Individually and on Behalf of All Others Similarly Situated v. Alias Research Inc. And Stephen R.B. BinghamCourt of Appeals for the Second Circuit · 1999
  2. Richard J. MacKensworth v. S.S. American MerchantCourt of Appeals for the Second Circuit · 1994
  3. Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
  4. Development Specialists, Inc. v. Hamilton Bank, N.A. (In Re Model Imperial, Inc.)United States Bankruptcy Court, S.D. Florida. · 2000
  5. Barr v. Charterhouse Group International, Inc. (In Re Everfresh Beverages, Inc.)United States Bankruptcy Court, S.D. New York · 1999

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3Cited by5 opinions

  1. Pernick v. Computershare Trust Co.District Court, D. Colorado · 2015
  2. Malloy v. Mulkey Tire, Inc. (In Re Universal Factoring Co.)United States Bankruptcy Court, N.D. Oklahoma · 2002
  3. McAfee III, in his capacity as Trustee of Marital v. HarmanUnited States Bankruptcy Court, N.D. Georgia · 2021
  4. McCauley v. PowellUnited States Bankruptcy Court, N.D. Georgia · 2025
  5. SE Property Holdings, LLC v. StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2022

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