Legal Opinion
Coyne v. Westinghouse Credit Corp. (In Re Globe Illumination Co.)
United States Bankruptcy Court, C.D. California
Decided January 20, 1993No. Bankruptcy No. LA 89-01354 SB, Adv. No. LA 91-06235 SBPublishedCited by 22 opinions
1Opinion of the Court
AMENDED OPINION ON DEFENDANT'S MOTION TO DISMISS COMPLAINT
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. INTRODUCTION
In this leveraged buyout case the trustee has brought several causes of action against the former owners of the debtor corporation. Defendants have moved to dismiss the entire complaint, under Fed. R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(6), on the grounds that these causes of action are barred by the two-year statute of limitations in 11 U.S.C.A. § 546(a)(1).
Since there is a Ninth Circuit Bankruptcy Appellate Panel (BAP) decision directly contrary to defendants’ argument on this…
2Cases cited26 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
- Mueller v. AllenSupreme Court of the United States · 1983
- Jesus Zuniga v. United Can Company and Driver-Salesmen, Produce Workers, and Helpers, Local 588, Retail Delivery DriversCourt of Appeals for the Ninth Circuit · 1987
- Charles Starbuck v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Chase Manhattan Bank, N.A. v. Ford (In Re Ford)United States Bankruptcy Court, N.D. Georgia · 1995
- City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
- Henry v. Associates Home Equity Services, Inc. (In Re Henry)United States Bankruptcy Court, C.D. California · 2001
- Life Insurance Co. of Virginia v. Barakat (In Re Barakat)United States Bankruptcy Court, C.D. California · 1994
- In Re KampsUnited States Bankruptcy Court, C.D. California · 1998
17 more not listed; retrieve them via the Exa API.