Legal Opinion

Valley Media, Inc. v. Borders, Inc. (In Re Valley Media, Inc.)

United States Bankruptcy Court, D. Delaware

Decided January 7, 2003No. 17-12695PublishedCited by 49 opinions

1Opinion of the Court

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion relates to the “Motion of Defendant Borders, Inc. to Dismiss in Part Complaint for Turnover Pursuant to 11 U.S.C. § 542(e) and to Avoid Preferential Transfers and to Recover Property Pursuant to 11 U.S.C. §§ 547 and 550” (Doc. # 5) and “Plaintiffs Motion for Leave to File an Amended Complaint” (Doc. # 11). Borders, Inc. (“Defendant”) requests that the Court dismiss Counts VI and VII of the complaint under Federal Rule of Civil Procedure 12(b)(6), which is made applicable to adversary proceedings in bankruptcy by Federal Rule of…

2Cases cited4 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  4. Kubick v. Federal Deposit Insurance (In Re Kubick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

3Cited by49 opinions

  1. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  2. Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
  3. Official Committee of Unsecured Creditors v. DVI Business Credit, Inc. (In Re DVI, Inc.)United States Bankruptcy Court, D. Delaware · 2005
  4. OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2006
  5. Limor v. Buerger (In Re Del-Met Corp.)United States Bankruptcy Court, M.D. Tennessee · 2005

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