Legal Opinion

Am. Standard Energy, Corp. v. Geronimo Holding Corp. (In re Am. Standard Energy, Corp.)

United States Bankruptcy Court, W.D. Texas

Decided August 8, 2017No. Case No. 15–70104–TMD; Adv. Proc. No. 17–07002–TMDPublished

1Opinion of the Court

TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE

The plaintiffs1 here seek, in part, a judgment declaring that their bankruptcy discharge injunction has been violated; in response, the defendants2 filed a motion to dismiss on the theory that state court litigation to establish that term assignments of oil and gas leases have terminated does not involve the assertion of a "claim," and therefore does not violate the discharge injunction.3

I. BACKGROUND 4

A. The initial term assignments.

In February of 2012, Geronimo, which is owned by Randall Capps and XOG Operating, *140LLC, agreed to convey certain…

2Cases cited23 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  4. Stern v. MarshallSupreme Court of the United States · 2011
  5. Johnson v. Home State BankSupreme Court of the United States · 1991

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