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  • Healthcare Real Estate Partners, LLC v. Summit Healthcare REIT, Inc.

    Publication Date: 2022-03-08
    Practice Area: Bankruptcy
    Industry: Health Care | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69737

    The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted

  • In re: The Art Inst. of Philadelphia LLC

    Publication Date: 2022-02-01
    Practice Area: Bankruptcy
    Industry: Education
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69701

    Director/officer breach of fiduciary duty claims dismissed to the extent those claims were based on allegedly unlawful conduct that occurred outside of the statute of limitations period prior to the filing of debtor's bankruptcy petition.

  • In re: MTE Holdings, LLC

    Publication Date: 2022-01-11
    Practice Area: Energy and Natural Resources
    Industry: Energy | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69676

    Under Texas law, a contracted oil and gas operator held the status of a co-tenant with the other holders of working interests, which merely obligated the operator to pay the other tenants the value of any production on those tenants' interests minus cost of production.

  • In Re: Essar Steel Minnesota, LLC

    Publication Date: 2021-10-27
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69585

    In this adversary proceeding, the court found that the litigation trustee had met his burden in pleading plausible factual al-legations to show the court had subject-matter jurisdiction over the matter, personal jurisdiction over defendant, and had pled facts sufficient to state a claim for aiding and abetting breach of fiduciary duty.

  • In re: MTE Holdings, LLC

    Publication Date: 2021-09-29
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69554

    The court denied a motion to stay an order confirming a plan of reorganization in bankruptcy, because the moving party failed to act promptly and did not demonstrate a likelihood of success on the merits.