Legal Opinion
McFarland v. General Electric Capital Corp. (In re International Manufacturing Group, Inc.)
United States Bankruptcy Court, E.D. California
Decided September 10, 2015No. Case No. 14-25820-D-11; Adv. Pro. No. 15-2130-DPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
ROBERT S. BARDWIL, United States Bankruptcy Judge
This is the motion of defendant General Electric Capital Corporation (“GECC”) to dismiss the complaint of the plaintiff, Beverly McFarland, who is also the trustee in the chapter 11 case in which this adversary proceeding is pending (the “trustee”), pursuant to Fed.R.Civ.P. 9(b) and 12(b)(1), made applicable in this proceeding by Fed. R. Bankr.P. 7009 and 7012(b), for failure to plead fraud with particularity and failure to state a claim upon which relief can be granted. The plaintiff has filed opposition, GECC has filed a…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Newcal Industries, Inc. v. IKON Office SolutionCourt of Appeals for the Ninth Circuit · 2008
- 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
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
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3Cited by6 opinions
- Branch Banking and Trust Company v. R&S St. Rose, LLCDistrict Court, D. Nevada · 2019
- Faulkner v. Ford Motor Credit Company, LLCUnited States Bankruptcy Court, N.D. Texas · 2022
- Freitag v. La Jolla Bridge, LLCDistrict Court, S.D. California · 2022
- In re: Aletheia Research and Management, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- In re: Aletheia Research and Management, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
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