Legal Opinion

Bavaria Yachts USA, LLLP v. Bavaria Yachtbau GmbH (In re Bavaria Yachts USA, LLLP)

United States Bankruptcy Court, N.D. Georgia

Decided October 10, 2017No. Case No. 16-68583-JRS; Adversary Proceeding Case No. 17-05020-JRSPublishedCited by 5 opinions

1Opinion of the Court

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S RENEWED PARTIAL MOTION TO DISMISS

James R. Sacca, U.S. Bankruptcy Court Judge

This case involves a broken business relationship between a German yacht manufacturer and its exclusive dealer in the United States, the Debtor in this case, the contracts for which provide that any litigation arising under or in connection with the contracts must be brought in Germany.

Debtor Bavaria Yachts USA, LLLP (“BUSA,” “Plaintiff,” or “Debtor”) commenced this adversary proceeding with some claims arising under state law, such as fraud, negligent…

2Cases cited39 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  4. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  5. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988

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3Cited by5 opinions

  1. Veros Energy, LLC v. GCube Ins. Servs., Inc. (In re Veros Energy, LLC)United States Bankruptcy Court, N.D. Alabama · 2018
  2. Grape Stars International, Inc v. NVentive, Inc.District Court, S.D. Florida · 2020
  3. PainTEQ, LLC v. Omnia Medical, LLCDistrict Court, M.D. Florida · 2021
  4. Summit II, LLCUnited States Bankruptcy Court, M.D. Florida · 2023
  5. Utility Construction Services, L.L.C. v. EthridgeDistrict Court, S.D. Mississippi · 2025

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