Legal Opinion

Claybrook v. AutoZone Texas, L.P. (In Re American Remanufacturers, Inc.)

United States Bankruptcy Court, D. Delaware

Decided July 28, 2011No. 19-10167Published

1Opinion of the Court

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to Defendant’s Motion for Attorneys’ Fees, Costs, and Sanctions. (Doc. # 355.) For the reasons discussed below, I will grant the motion as to AutoZone’s costs.

Background

This motion for sanctions follows the final determination of two actions brought by Montague S. Claybrook, as Chapter 7 Trustee (“Trustee”) of the estates of American Remanufacturers, Inc. and nine affiliates (the “Debtors”), against Auto-Zone Texas, L.P., AutoZone, Inc., and AutoZone Parts, Inc. (the “Defendants” or “AutoZone”).

Trustee’s first…

2Cases cited5 opinions

  1. Hall v. ColeSupreme Court of the United States · 1973
  2. In Re Schaefer Salt Recovery, Inc.Court of Appeals for the Third Circuit · 2008
  3. Ford v. Temple HospitalCourt of Appeals for the Third Circuit · 1986
  4. Chase Manhattan Bank v. Iridium Africa Corp.District Court, D. Delaware · 2007
  5. Northwestern Corp. v. Magten Asset Management Corp. (In Re Northwestern Corp.)United States Bankruptcy Court, D. Delaware · 2005

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