Legal Opinion
Post-Confirmation Trust v. Berry (In Re Fleming Companies, Inc.)
United States Bankruptcy Court, D. Delaware
Decided February 2, 2011No. 19-10514PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Motion of Wayne Berry and his attorney Timothy Hogan (collectively the “Defendants”) to dismiss or, in the alternative to sever and transfer venue of the Amended Complaint filed by the PosNConfirmation Trust (the “PCT”). For the reasons set forth below, the Court will deny the Motion.
I. BACKGROUND
Fleming Companies, Inc. (“Fleming”), was one of the country’s largest distributors of consumable goods, with operations throughout the continental United States and Hawaii. Fleming’s Hawaii division began doing business…
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