Legal Opinion

PCT v. Authentic Specialty Foods, Inc. (In Re Fleming Companies)

United States Bankruptcy Court, D. Delaware

Decided July 31, 2006No. 19-10289PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of the PCT (“the Plaintiff’) for leave to amend its complaint. The Motion is opposed by Authentic Specialty Foods, Inc. (“the Defendant”). For the reasons set forth below, the Motion will be granted.

I.BACKGROUND

On April 1, 2003, Fleming Companies, Inc., and related companies (the “Debtors”) filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. On July 27, 2004, the Court confirmed the Debtors’ Plan of Reorganization, which became effective on August 23, 2004. Pursuant to the Plan, the…

2Cases cited8 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Lorenz v. CSX Corp.Court of Appeals for the Third Circuit · 1993
  3. Elizabeth Dole, Secretary of Labor v. Arco Chemical Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1990
  4. Tai Kwan Cureton v. National Collegiate Athletic AssociationCourt of Appeals for the Third Circuit · 2001
  5. Heyl & Patterson International, Incorporated v. F. D. Rich Housing of the Virgin Islands, Incorporated and F. D. Rich Housing Corporation, F. D. Rich Housing of the Virgin Islands, Incorporated, as Assignee of F. D. Rich Housing of Puerto Rico, Incorporated v. Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1981

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3Cited by12 opinions

  1. Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
  2. Plains Marketing, L.P. v. Bank of America, N.A. (In re Semcrude, L.P.)United States Bankruptcy Court, D. Delaware · 2011
  3. Stanziale ex rel. Evergreen Energy, Inc. v. Khan (In re Evergreen Energy, Inc.)United States Bankruptcy Court, D. Delaware · 2016
  4. Stanziale v. Dalmia (In Re Allserve Systems Corp.)United States Bankruptcy Court, D. New Jersey · 2007
  5. Charys Liquidating Trust v. Hades Advisors, LLC (In Re Charys Holding Co.)United States Bankruptcy Court, D. Delaware · 2011

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