Legal Opinion
Nantahala Capital Partners, LP v. Washington Mutual, Inc. (In re Washington Mutual, Inc.)
United States Bankruptcy Court, D. Delaware
Decided January 3, 2012No. Bankruptcy No. 08-12229 (MFW); Adversary No. 10-50911 (MFW)PublishedCited by 6 opinions
1Opinion of the Court
OPINION1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the complaint of Nantahala Capital Partners, LP,2 individually and on behalf of all holders of Litigation Tracking Warrants (the “LTW Holders”) seeking a declaration that they hold debt, not equity, instruments and therefore are entitled to treatment as creditors under any plan of reorganization filed by Washington Mutual, Inc. (“WMI”). After trial and briefing, the Court concludes that judgment in favor of WMI is warranted for the reasons stated below.
1. BACKGROUND
On July 6, 1994, Anchor Savings Bank, FSB (“Anchor”) and Dime…
2Cases cited22 opinions
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Simonds v. SimondsNew York Court of Appeals · 1978
- Miller v. . SchlossNew York Court of Appeals · 1916
- Francis J. McQueeney v. Wilmington Trust Company, Trustee, and Anndep Steamship CorporationCourt of Appeals for the Third Circuit · 1985
- In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
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3Cited by6 opinions
- In re Lehman Bros. Holdings Inc.United States Bankruptcy Court, S.D. New York · 2014
- In re Tribune Co.United States Bankruptcy Court, D. Delaware · 2012
- Schwartz v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)District Court, S.D. New York · 2016
- Andrew Fox v. Charge Enterprises, Inc.; Craig Denson v. Charge Enterprises, Inc.District Court, D. Delaware · 2026
- Rhodium Encore LLC and Air HPC LLCUnited States Bankruptcy Court, S.D. Texas · 2025
1 more not listed; retrieve them via the Exa API.