Legal Opinion
Scharrer v. Sanders (In re Fundamental Long Term Care., Inc.)
United States Bankruptcy Court, M.D. Florida
Decided December 8, 2015No. Case No. 8:11-bk-22258-MGW; Adv. No. 8:14-ap-00486-MGWPublishedCited by 4 opinions
1Opinion of the Court
*301 MEMORANDUM OPINION AND ORDER ON MOTION S TO DISMISS
Michael G. Williamson, Chief United States Bankruptcy Judge
The sole claim directly against the Debt- or in this bankruptcy case is a $110 million default judgment based on an allegation that the Debtor received a nursing home management company’s assets for less than reasonably equivalent value. But the Trustee’s claims in this proceeding against Troutman Sanders — for negligence and fraud — require the Trustee to prove that (1) the Debtor would have successfully defended the fraudulent transfer claim against the Debtor; or (2) the Debtor…
2Cases cited18 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
- New Hampshire v. MaineSupreme Court of the United States · 2001
- United States of America by and Through Joseph E. Garst v. Lockheed-Martin CorporationCourt of Appeals for the Seventh Circuit · 2003
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3Cited by4 opinions
- Cody v. Charter Spectrum, Inc.District Court, S.D. New York · 2020
- Sandra Slater v. United States Steel CorporationCourt of Appeals for the Eleventh Circuit · 2016
- Sandra Slater v. United States Steel CorporationCourt of Appeals for the Eleventh Circuit · 2016
- Sens v. Whiteford Taylor & Preston, LLPUnited States Bankruptcy Court, D. Maryland · 2021