Legal Opinion

Gonzales v. Nabisco Division of Kraft Foods, Inc. (In Re Furrs)

United States Bankruptcy Court, D. New Mexico

Decided June 12, 2003No. 19-10358PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION IN SUPPORT OF ORDERS DENYING MOTIONS TO DISMISS FOR LACK OF STANDING

JAMES S. STARZYNSKI, Bankruptcy Judge.

The Defendants in these adversary proceedings have moved to dismiss the avoidance actions against them, in whole or in part, arguing that the Trustee lacks standing to pursue the claims. Having considered the oral and written arguments of the parties, the Court will deny the motions challenging the Trustee’s standing to bring these actions. This is a core proceeding. 28 U.S.C. § 157(b)(2)(F).

Background:

On February 8, 2001, the Debtor filed its chapter 11 petition and…

2Cases cited46 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. Toibb v. RadloffSupreme Court of the United States · 1991
  4. In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
  5. Bankr. L. Rep. P 71,041 Delgado Oil Company, Inc. v. Michael R. Torres, James R. ClevelandCourt of Appeals for the Tenth Circuit · 1986

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3Cited by9 opinions

  1. Search Market Direct, Inc. v. Jubber (In Re Paige)Court of Appeals for the Tenth Circuit · 2012
  2. Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  3. Guttman v. Martin (In Re Railworks Corp.)United States Bankruptcy Court, D. Maryland · 2005
  4. Gonzales v. Conagra Grocery Products Co. (In Re Furr's Supermarkets, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  5. Sheffield Steel Corp. v. HMK Enterprises, Inc. (In Re Sheffield Steel Corp.)United States Bankruptcy Court, N.D. Oklahoma · 2004

4 more not listed; retrieve them via the Exa API.

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