Legal Opinion
Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)
United States Bankruptcy Court, D. Delaware
Decided February 13, 2007No. 19-10406PublishedCited by 4 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court are the Motion of Michael W. Trickey (“Trickey”) and the Berkshire Group, LP (“Berkshire”) for dismissal of the above captioned complaint against them. For the reasons Set forth below, the Court will grant the motion in part.
1. BACKGROUND
American Business Financial Services, Inc. (“the Debtor”) and its subsidiaries operated as a financial services organization that originated and serviced mortgage loans primarily to credit-impaired borrowers. The Debtor raised capital by selling pools of these loans to special purpose entities…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Maio v. Aetna, Inc.Court of Appeals for the Third Circuit · 2000
- In Re Santa Fe Pacific Corp. Shareholder LitigationSupreme Court of Delaware · 1995
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3Cited by4 opinions
- Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)United States Bankruptcy Court, D. Delaware · 2011
- United States v. ElsassDistrict Court, S.D. Ohio · 2013
- Xtreme Power Plan Trust ex rel. DeCaro v. Schindler (In re Xtreme Power Inc.)United States Bankruptcy Court, W.D. Texas · 2016
- Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)United States Bankruptcy Court, D. Delaware · 2007