Legal Opinion
McKinstry v. Sergent
District Court, E.D. Kentucky
Decided January 12, 2011No. Civil 10-110-ARTPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION & ORDER
AMUL R. THAPAR, District Judge.
The plaintiff trustee’s trust is designed specifically to wind up the extinct debtor’s affairs in the aftermath of its bankruptcy, including its causes of action. In fact, some of the causes of action here were specifically assigned to the trust to pursue on behalf of the debtor’s unsecured creditors. And all of the causes of action seek to redress conduct that purportedly led to the debtor’s bankruptcy or occurred in the context of the bankruptcy. These claims therefore “relate to” the underlying bankruptcy case, and so the Court has…
2Cases cited43 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1993
- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
- Derrick E. Harper v. Autoalliance International, Inc., Aai Employee Services Co., L.L.C., Jeffrey Kelly, and Allen ChildressCourt of Appeals for the Sixth Circuit · 2004
38 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Murriel-Don Coal Co., Inc. v. Aspen Ins. UK Ltd.District Court, E.D. Kentucky · 2011
- Sergent v. McKinstry ex rel. BD Unsecured Creditors TrustDistrict Court, E.D. Kentucky · 2012
- ML Liquidating Trust v. Mayer Hoffman McCann P.C. (In Re Mortgages Ltd.)United States Bankruptcy Court, D. Arizona · 2011
- Spradlin v. Williams (In re Alma Energy, LLC)United States Bankruptcy Court, E.D. Kentucky · 2014
- Hutchins v. Shatz, Schwartz & Fentin, P.C.District Court, D. Massachusetts · 2013
9 more not listed; retrieve them via the Exa API.