Legal Opinion
Official Committee of Unsecured Creditors of Vartec Telecom, Inc. v. Rural Telephone Finance Cooperative (In Re Vartec Telecom Inc.)
United States Bankruptcy Court, N.D. Texas
Decided December 16, 2005No. 15-50240PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION ON MOTION TO DISMISS COUNT TEN
HARLIN D. HALE, Bankruptcy Judge.
This opinion addresses the question as to whether “deepening insolvency” may be pled as a separate cause of action or whether it is treated only as a breach of a separate duty under state tort law or as a theory of damages. In the instant adversary proceeding, the Rural Telephone Finance Cooperative (“RTFC”) has filed a Motion to Dismiss Count Ten of Complaint and Brief in Support (“Motion to Dismiss”). The Official Committee of Unsecured Creditors of VarTec Telecom, Inc., et al. (the “Committee”) filed a…
2Cases cited40 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- El Chico Corp. v. PooleTexas Supreme Court · 1987
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3Cited by9 opinions
- Official Committee of Unsecured Creditors of Verestar, Inc. v. American Tower Corp. (In Re Verestar, Inc.)United States Bankruptcy Court, S.D. New York · 2006
- OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2006
- Wooley v. Faulkner (In Re SI Restructuring, Inc.)Court of Appeals for the Fifth Circuit · 2008
- Forman v. Salzano (In Re Norvergence, Inc.)United States Bankruptcy Court, D. New Jersey · 2009
- Kaye v. Dupree (In Re Avado Brands, Inc.)United States Bankruptcy Court, N.D. Texas · 2006
4 more not listed; retrieve them via the Exa API.