Legal Opinion
Kohut v. Metzler Locricchio Serra & Co. (In re Munivest Services, LLC)
United States Bankruptcy Court, E.D. Michigan
Decided October 15, 2013No. Bankruptcy No. 10-71403; Adversary No. 12-05921-PJSPublishedCited by 3 opinions
1Opinion of the Court
Opinion Denying In Part And Granting In Part Defendant’s Partial Motion For Dismissal
PHILLIP J. SHEFFERLY, Bankruptcy Judge.
Introduction
The debtors in these jointly administered Chapter 7 bankruptcy cases operated a Ponzi scheme in which investors lost millions of dollars. The Chapter 7 trustee filed a 16 count complaint against an accounting firm that provided services to the debtors. The accounting firm filed a motion requesting dismissal of 11 counts of the complaint. For the reasons explained in this opinion, the Court concludes that the motion should be granted as to eight of those…
2Cases cited39 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Stern v. MarshallSupreme Court of the United States · 2011
- Catlin v. United StatesSupreme Court of the United States · 1945
- Tackett v. M & G POLYMERS, USA, LLCCourt of Appeals for the Sixth Circuit · 2009
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3Cited by3 opinions
- Kravitz v. Summersett (In re Great Lakes Comnet, Inc.)United States Bankruptcy Court, W.D. Michigan · 2018
- Gordon v. Royal Palm Real Estate Inv. Fund I, LLLPDistrict Court, E.D. Michigan · 2018
- Peter Kravitz, Liquidation Trustee v. John Summersett, Paul Bowman, Ryan Thelen, Andre Cooks, Randy Fletcher, Janet Beilfuss, Sidney Shank, Todd Roesler, Duane Bronson, David LaRocca, Les Jenkins, George Orphan, David Schroeder, John Lodden, Michigan Network Services, Local Exchange Carriers of Michigan Inc., IBDC Telecom Corporation, Nuleef Communications LLC, and John DoesUnited States Bankruptcy Court, W.D. Michigan · 2018