Legal Opinion

Autobacs Strauss, Inc. v. Autobacs Seven Co. (In re Autobacs Strauss, Inc.)

United States Bankruptcy Court, D. Delaware

Decided May 21, 2012No. Bankruptcy No. 09-10358 (CSS); Adversary No. 09-52849 (CSS)PublishedCited by 26 opinions

1Opinion of the Court

OPINION 1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

This adversary proceeding arises in the third Chapter 11 bankruptcy of a chain of stores providing automotive parts and services doing business as “Strauss Discount Auto.” In 2007, through the plan of reorganization in the second Chapter 11 case, a Japanese company known as “AB7”— through two of its newly-formed subsidiaries — purchased the Strauss business for approximately $45 million. AB7 funded its subsidiaries’ purchase of the assets. In its simplest terms, this dispute is over whether, (i) as plaintiffs argue, AB7’s funding…

2Cases cited55 opinions

  1. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  2. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  3. Stanford Shane Otis Terrell Robert Stewart v. William Fauver, Commissioner James Barbo, Administrator Rogers, Chief Director of CustodyCourt of Appeals for the Third Circuit · 2000
  4. Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
  5. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009

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3Cited by26 opinions

  1. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  2. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
  3. Beskrone v. OpenGate Capital Grp. (In re Pennysaver USA Publ'g, LLC)United States Bankruptcy Court, D. Delaware · 2018
  4. Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
  5. In re W.J. Bradley Mortgage Capital, LLCUnited States Bankruptcy Court, D. Delaware · 2019

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