In October of this year, Sears Holdings Corp and affiliated Debtors filed a Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York in a
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Breach of Fiduciary Duty
Bankruptcy Court Grants Motion To Dismiss Based Upon Affirmative Defense
By Fox Rothschild LLP on
Michael Temin writes:
When deciding a motion to dismiss a complaint pursuant to Federal R. Bankr. 7008, which incorporates Rule 12(b)(6), a court must accept all factual allegations in the…
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Money Center of America – Motion to Dismiss Denied
By Fox Rothschild LLP on
In a decision signed September 8, 2017 in an adversary proceeding related to the Money Center of America bankruptcy (case 14-10603), Judge Sontchi of the Delaware Bankruptcy Court denied a…
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