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Bankruptcy Court Grants Motion To Dismiss Based Upon Affirmative Defense

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 complaint as...

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Alert: Liquidation Trustee Awarded $17 Million Against Former CEO and Others

In a suit by the trustee of the liquidation trust of Green Field Energy Services, a defunct oil services business, against the debtor’s former CEO and others, the U.S. Bankruptcy Court for the District...

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Sears Debtors sue Former CEO & others Seeking Billions

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 case pending before Judge Drain....

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