Legal Opinion
MC Asset Recovery LLC v. Commerzbank A.G. (In Re Mirant Corp.)
Court of Appeals for the Fifth Circuit
Decided March 20, 2012No. 11-10070PublishedCited by 66 opinions
1Opinion of the Court
ALVAREZ, District Judge:
The district court denied Defendants’ motion to dismiss based on Plaintiffs alleged lack of standing. Thereafter, the district court granted summary judgment for Defendants. Both sides appealed. While we agree that the district court correctly determined that there was standing to bring the avoidance claim, we vacate the judgment of dismissal because the district court erroneously applied Georgia rather than New York state law to the avoidance claim.
I. BACKGROUND
A. Factual Background
Mirant Corporation (“Mirant”) was an energy company with its headquarters in Georgia.…
2Cases cited15 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Patterson v. ShumateSupreme Court of the United States · 1992
- Lane v. HalliburtonCourt of Appeals for the Fifth Circuit · 2008
- Gutierrez v. CollinsTexas Supreme Court · 1979
- Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
10 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
- Ralph Janvey v. Tonya DokkenCourt of Appeals for the Fifth Circuit · 2014
- In re Petters Company, Inc.United States Bankruptcy Court, D. Minnesota · 2013
- Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
- Antonio Jimenez, III v. Sun Life Assurance CompanyCourt of Appeals for the Fifth Circuit · 2012
61 more not listed; retrieve them via the Exa API.