Legal Opinion

Unofficial Committee of Equity Holders of Penick Pharmaceutical, Inc. v. McManigle Ex Rel. Penick Pharmaceutical, Inc. (In Re Penick Pharmaceutical, Inc.)

United States Bankruptcy Court, S.D. New York

Decided November 30, 1998No. 19-22153PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM. DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DISMISSING ADVERSARY PROCEEDING

BURTON R. LIFLAND, Bankruptcy Judge.

Before me are the cross-motions for summary judgment of, respectively, (1) the Defendant, Drew McManigle (the “Trustee”), the Chapter 11 Trustee of Penick Pharmaceutical, Inc, (“PPI”) and its subsidiary, Pen-ick Corporation (the “Debtor” and together with PPI, the “Debtors”) and (2) the Plaintiff, the Unofficial Committee of Equity Holders of PPI (the “Committee”). For the reasons set forth below, I grant the Trustee’s motion and deny that of the…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985

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3Cited by4 opinions

  1. In Re Chief Executive Officers Clubs, Inc.United States Bankruptcy Court, S.D. New York · 2007
  2. In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2004
  3. Northwest Airlines Corp. v. Ass'n of Flight Attendants-CWA (In Re Northwest Airlines Corp.)District Court, S.D. New York · 2006
  4. Nilhan Developers, LLC v. Glass, Solely as Trustee of the Bankruptcy EstateUnited States Bankruptcy Court, N.D. Georgia · 2021

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