Legal Opinion

In Re Aleris International, Inc.

United States Bankruptcy Court, D. Delaware

Decided January 31, 2011No. 19-10476PublishedCited by 9 opinions

1Opinion of the Court

OPINION 1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion for relief from the automatic stay (the “Motion”) [Docket No. 719] filed by Holt Equipment Company, LLC (“Holt”), a creditor of Al-eris International, Inc. (“Aleris” or the “Debtor”). The Debtor objected to the Motion (the “Objection”) [Docket No. 745], and the Court has conducted argument on the Motion. For the following reasons, the Court will deny the Motion.

I. INTRODUCTION

The Motion requires the Court to determine whether a seller of goods has any rights to the goods against a debtor who has retained…

2Cases cited31 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  4. Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
  5. In Re Robert Frank-Leonard Wilson, Debtor. Lisa Baldino v. Robert Frank-Leonard Wilson Bunce D. Atkinson, TrusteeCourt of Appeals for the Third Circuit · 1997

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3Cited by9 opinions

  1. Clean Burn Fuels, LLC v. Purdue BioEnergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2013
  2. In re Spiech Farms, LLCUnited States Bankruptcy Court, W.D. Michigan · 2018
  3. Crawford v. 2827 California Inc. (In re Tam of Allegheny LLC)United States Bankruptcy Court, W.D. Pennsylvania · 2017
  4. Atlas Uluslararasi Kumanyacilik tic A.S v. M/V ARICADistrict Court, D. Delaware · 2022
  5. Culligan Ltd. and Michael MorrisonUnited States Bankruptcy Court, S.D. New York · 2023

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