Legal Opinion

Gold v. Nova Industries, Inc. (In Re NM Holdings Co.)

United States Bankruptcy Court, E.D. Michigan

Decided October 15, 2007No. 19-20291PublishedCited by 6 opinions

1Opinion of the Court

OPINION ON MOTIONS TO DISMISS AMENDED COMPLAINT

THOMAS J. TUCKER, Bankruptcy Judge.

This is a preference case in which the Chapter 7 Trustee seeks to avoid and recover a total of $9.4 million. Six of the defendants filed motions to dismiss the Plaintiff-Trustee’s amended complaint. The Trustee opposes the motions, except as to transfers alleged in the amended complaint to have been made by an entity referred to as “Canada.” The Trustee consents to the dismissal of any claims to avoid and recover transfers made by “Canada,” because “Canada” refers to an entity that did not file bankruptcy.

The…

2Cases cited15 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Davis v. SchererSupreme Court of the United States · 1984
  4. Melda Turker v. Ohio Department of Rehabilitation and CorrectionsCourt of Appeals for the Sixth Circuit · 1998
  5. Valley Media, Inc. v. Borders, Inc. (In Re Valley Media, Inc.)United States Bankruptcy Court, D. Delaware · 2003

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3Cited by6 opinions

  1. Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
  2. Angell v. Ber Care, Inc. (In Re Caremerica, Inc.)United States Bankruptcy Court, E.D. North Carolina · 2009
  3. Butler v. Anderson (In Re C.R. Stone Concrete Contractors, Inc.)United States Bankruptcy Court, D. Massachusetts · 2010
  4. In Re El Comandante Management Co., LLCDistrict Court, D. Puerto Rico · 2008
  5. Lugo-Mender v. Equus Entertainment Corp.District Court, D. Puerto Rico · 2008

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