Legal Opinion

Dana Molded Products, Inc. v. Brodner

District Court, N.D. Illinois

Decided January 21, 1986No. 85 C 7196PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

This action presents the issue whether a judgment creditor of a bankrupt corporation may sue under the Racketeer Influenced and Corrupt Organizations Act, (“RICO”), 18 U.S.C. § 1964(c), for bank ruptcy fraud committed against the corporation itself in an attempt to hinder creditors generally. Defendants have filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6) on the ground that no individual RICO claim can lie in such a situation. For the reasons set forth herein, the court agrees and orders that the plaintiffs complaint be dismissed…

2Cases cited11 opinions

Pepper v. LittonSupreme Court of the United States · 1939
In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
Harold Warren v. Manufacturers National Bank of Detroit, a National Banking AssociationCourt of Appeals for the Sixth Circuit · 1985
GAF Corp. v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
Leatrice Carter v. Robert B. Berger and the Berger Group, Inc.Court of Appeals for the Seventh Circuit · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

Ashland Oil, Inc. v. ArnettCourt of Appeals for the Seventh Circuit · 1989
Koch Refining v. Farmers Union Central Exchange, Inc.Court of Appeals for the Seventh Circuit · 1987
Ocean Energy Ii, Inc., and Coteau Services, Inc. v. Alexander & Alexander, Inc.Court of Appeals for the Fifth Circuit · 1989
AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1990
Unsecured Creditors Committee of Debtor v. Noyes (In Re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1987

20 more not listed; retrieve them via the Exa API.