Legal Opinion
OHC Liquidation Trust Ex Rel. Alvarez & Marsal, LLC (In Re Oakwood Homes Corp.)
United States Bankruptcy Court, D. Delaware
Decided June 7, 2005No. 19-10200PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM
PAUL B. LINDSEY, Bankruptcy Judge.
This adversary proceeding was commenced on November 11, 2004 by the Plaintiff, the OHC Liquidation Trust, seeking to avoid and recover certain allegedly preferential and fraudulent transfers pursuant to §§ 544, 547 and 548 of the Bankruptcy Code. At issue is Count II of Plaintiffs Complaint which alleges a claim for constructive fraud. Nucor Corporation, the Defendant, has moved this Court to dismiss upon the basis that Count II fails to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), 1 and that…
2Cases cited12 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
- Rocks v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1989
- Hassett v. Zimmerman (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Naporano Iron & Metal Co. v. American Crane Corp.District Court, D. New Jersey · 2000
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Official Committee of Unsecured Creditors of Fedders North America, Inc. Ex Rel. Debtors' Estates v. Goldman Sachs Credit Partners L.P. (In Re Fedders North America, Inc.)United States Bankruptcy Court, D. Delaware · 2009
- Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
- Astropower Liquidating Trust v. Xantrex Technology, Inc. (In Re Astropower Liquidating Trust)United States Bankruptcy Court, D. Delaware · 2005
- Jurista v. Amerinox Processing, Inc.District Court, D. New Jersey · 2013
- Burtch v. Huston (In Re USdigital, Inc.)United States Bankruptcy Court, D. Delaware · 2011
20 more not listed; retrieve them via the Exa API.