Legal Opinion
Official Committee of Unsecured Creditors of Propex Inc. v. BNP Paribas (In Re Propex Inc.)
United States Bankruptcy Court, E.D. Tennessee
Decided March 5, 2009No. Bankruptcy No. 08-10249. Adversary No. 08-1136PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
This adversary proceeding is before the court on the defendant’s motion to dismiss Counts I, III, IV, V, and VI of the plaintiffs complaint. The court has reviewed the motion and the supporting and responsive briefs and, for the reasons stated below, will grant the motion in part and deny it in part.
I
When presented with a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Federal Procedure, 1 the court must accept all factual allegations in the complaint as true. Tellabs, Inc. v.…
2Cases cited21 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
- Trenwick America Litigation Trust v. BillettSupreme Court of Delaware · 2007
- Freeland v. Enodis Corp.Court of Appeals for the Seventh Circuit · 2008
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southeast Waffles, LLC v. United States Department of TreasuryCourt of Appeals for the Sixth Circuit · 2012
- Southeast Waffles, LLC v. United States Department of Treasury/Internal Revenue Service (In Re Southeast Waffles, LLC)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- Dixon v. American Community Bank & Trust (In Re Gluth Bros. Construction, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
- Redmond v. Kutak Rock, LLP (In Re Brooke Corp.)United States Bankruptcy Court, D. Kansas · 2012
- In Re: Southeast Waffles, LLC V.Bankruptcy Appellate Panel of the Sixth Circuit · 2011
4 more not listed; retrieve them via the Exa API.