Legal Opinion

Lipscomb ex rel. LMI GUC Trust v. Clairvest Equity Partners Ltd. Partnership (In re LMI Legacy Holdings, Inc.)

United States Bankruptcy Court, D. Delaware

Decided June 3, 2016No. Case No. 13-12098 (CSS); Adv. Pro. No. 15-51069 (CSS)PublishedCited by 7 opinions

1Opinion of the Court

OPINION 1

Sontchi, J.

Introduction

Charles F. Kuoni, as Special Trustee of the LMI GUC Trust (the “Trustee ” and the “GUC Trust”), filed this adversary proceeding on August 14, 2015,2 asserting eighteen causes of action against seventeen individuals and corporate entities.3 The Trustee has asserted two claims against RBC Capital Markets, LLC (“RBC”) — a claim for breach of contract and a claim that RBC aided and abetted breaches of fiduciary duty by other Defendants.4 On January 25, 2016, RBC filed a motion to sever these two claims and transfer them to the Southern District of New Yo.rk…

2Cases cited46 opinions

  1. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  2. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  3. Van Dusen v. BarrackSupreme Court of the United States · 1964
  4. George Jumara and Evangelina Jumara, H/w v. State Farm Insurance CompanyCourt of Appeals for the Third Circuit · 1995
  5. Edgar v. Mite Corp.Supreme Court of the United States · 1982

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3Cited by7 opinions

  1. Penson Techs. LLC v. Schonfeld Grp. Holdings LLC (In re Penson Worldwide)United States Bankruptcy Court, D. Delaware · 2018
  2. Bavaria Yachts USA, LLLP v. Bavaria Yachtbau GmbH (In re Bavaria Yachts USA, LLLP)United States Bankruptcy Court, N.D. Georgia · 2017
  3. Corporate Claims Mgmt., Inc. v. Shaiper (In re Patriot Nat'l Inc.)United States Bankruptcy Court, D. Delaware · 2018
  4. Chesapeake Exploration, LLC v. CTF LTDUnited States Bankruptcy Court, W.D. Oklahoma · 2021
  5. In re Bay Hills Emerging Partners I, L.P.Court of Chancery of Delaware · 2018

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