Legal Opinion

Seitz v. 6130 West, LLC (In re Joey's Steakhouse, LLC)

United States Bankruptcy Court, E.D. Pennsylvania

Decided June 14, 2012No. Bankruptcy No. 09-17170; Adversary No. 11-745PublishedCited by 7 opinions

1Opinion of the Court

OPINION

STEPHEN RASLAVICH, Chief Judge.

Introduction

Before the Court is the Trustee’s Motion for Leave to Amend Complaint. The Motion is opposed by the Defendants. A hearing on the motion was held on May 3, 2012 after which the Court took the matter under advisement. For the reasons set forth below, the Motion will be granted in part and denied in part. The Trustee may file an amended complaint which is consistent with this ruling within 20 days of this date.1

Summary of Holding

Count I — Declaratory Judgment

• Basis for Contention: Defendants maintain that the proposed amendment to this count is…

2Cases cited60 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Foman v. DavisSupreme Court of the United States · 1962
  5. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997

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3Cited by7 opinions

  1. Drauschak v. VMP Holdings Ass'n (In re Drauschak)United States Bankruptcy Court, E.D. Pennsylvania · 2012
  2. Finkel ex rel. Estate of Atomica Design Group, Inc. v. WeVeel LLC (In re Atomica Design Group, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. Dershaw, Trustee v. NevelsUnited States Bankruptcy Court, E.D. Pennsylvania · 2025
  4. Flabeg Solar U.S. Corp. v. David Busby, Am. Int'l Dev., LLC (In re Flabeg Solar U.S. Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 2018
  5. MBMK Property Holdings, LLC v. WILMINGTON TRUST, NATIONAL ASSOCIATION, As TrusteeUnited States Bankruptcy Court, E.D. Pennsylvania · 2024

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