Legal Opinion

Arnold v. First Citizens National Bank (In re Cornerstone Homes, Inc.)

United States Bankruptcy Court, W.D. New York

Decided February 7, 2017No. Bankruptcy Case No. 13-21103-PRW; Adversary Proceeding No. 16-2005-PRW, Adversary Proceeding No. 16-2007-PRWPublishedCited by 12 opinions

1Opinion of the Court

DECISION AND ORDER DENYING MOTIONS TO DISMISS CAUSES OF ACTION ALLEGING ACTUAL AND CONSTRUCTIVE FRAUD

PAUL R. WARREN, United States Bankruptcy Judge

The Chapter 11 Trustee (“Trustee”) brought suit against several commercial lenders in connection with similarly structured — but distinct — loans made to Cornerstone Homes, Inc., the Chapter 11 debtor (“Cornerstone”). For the sake of simplicity, the commercial lenders will be referred to collectively as “banks” — with apologies to the dictionary definition of the word. The adversary proceedings in the caption of this decision are two of those…

2Cases cited45 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
  4. Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
  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 by12 opinions

  1. Harrington v. Racki (In re Bishop)United States Bankruptcy Court, W.D. New York · 2017
  2. Gunsalus v. Ontario CountyUnited States Bankruptcy Court, W.D. New York · 2017
  3. Despins, Luc A., Chapter 11 Trustee v. Lamp Capital LLCUnited States Bankruptcy Court, D. Connecticut · 2024
  4. Despins, Luc A., Chapter 11 Trustee v. Lamp Capital LLCUnited States Bankruptcy Court, D. Connecticut · 2024
  5. Gordon v. I.M.V. 1290United States Bankruptcy Court, W.D. New York · 2022

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