Legal Opinion

Mukamal v. General Electric Capital Corp. (In re Palm Beach Finance Partners, L.P.)

United States Bankruptcy Court, S.D. Florida.

Decided August 23, 2013No. CASE NO.: 09-36379-BKC-PGH; ADV. NO.: 12-01979-BKC-PGH-APublishedCited by 28 opinions

1Opinion of the Court

CHAPTER 11

ORDER GRANTING IN PART AND DENYING IN PART GECC’S MOTION TO DISMISS (ECF NO. 32)

Paul G. Hyman, Chief Judge

THIS MATTER came before the Court upon the Motion to Dismiss (the “Motion to Dismiss”) (ECF No. 32) filed by General Electric Capital Corporation (“GECC”). The Motion to Dismiss seeks dismissal of the Amended Complaint (ECF No. 26) *319filed by Barry Mukamal (the “Plaintiff’) in his capacity as Liquidating Trustee for the Palm Beach Finance Liquidating Trust and the Palm Beach Finance II Liquidating Trust. For the reasons discussed below, the Court grants in part and denies in part…

2Cases cited79 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Nicholas La Grasta, Domenico La Grasta, and Mauro La Grasta, on Behalf of Themselves and All Others Similarly Situated v. First Union Securities, Inc.Court of Appeals for the First Circuit · 2004
  5. In Re: Sharp International Corp. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant v. State Street Bank and Trust CompanyCourt of Appeals for the Second Circuit · 2005

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3Cited by28 opinions

  1. In re National Collegiate Athletic Ass'n Student-Athlete Concussion Injury LitigationDistrict Court, N.D. Illinois · 2016
  2. SEC. & Exch. Comm'n v. ScovilleCourt of Appeals for the Tenth Circuit · 2019
  3. Ritchie Capital Management, L.L.C. v. General Electric Capital Corp.District Court, S.D. New York · 2015
  4. Philip Morris USA, Inc. v. DuignanDistrict Court of Appeal of Florida · 2017
  5. Securities & Exchange Commission v. Traffic Monsoon, LLCDistrict Court, D. Utah · 2017

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