Legal Opinion
Kirton v. Valley Health System (In Re Valley Health System)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided March 13, 2012No. BAP No. CC-11-1100-MkHPa. Bankruptcy No. 07-18293. Adversary No. 10-01566PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MARKELL, Bankruptcy Judge.
INTRODUCTION
Peggy Kirton and Diana Agnello (“Kir-ton Parties”) are former employees of Valley Health System (“VHS”) and were participants in the Valley Health System Retirement Plan (“Retirement Plan”). After VHS confirmed its chapter 9 1 plan of adjustment, they filed in state court a petition for writ of mandamus (“Petition”) against VHS and others seeking to enforce their alleged rights under the Retirement Plan. VHS removed the Petition to the bankruptcy court. Along with other named respondents, VHS then filed a Civil Rule 12(b)(6) motion to dismiss the…
2Cases cited21 opinions
- Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
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3Cited by3 opinions
- Valley Health System Retirement Plan v. Kirton (In Re Valley Health System)Court of Appeals for the Ninth Circuit · 2014
- In re: John Patrick StokesUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- In re: Valley Health SystemUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015