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· 9/7/2010

Five Mile Capital II SPE ESH LLC v. Cerberus Capital Management (In Re Extended Stay Inc.)

Citations

  • 435 B.R. 139
  • 2010 WL 3488696

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining that tortious interference claims against non-debtors for improperly inducing debtor to file for bankruptcy did not “arise in” bankruptcy or “arise under” the Bankruptcy Code
  • the potential for an indemnification claim by non- debtor defendant was sufficient to render action “related to” debtor’s bankruptcy proceeding
  • “The [c]ourt concurs with the Bankruptcy Court’s determination that [plaintiff’s] claims do not ‘arise in’ [d]ebtor’s bankruptcy cases, for substantially the reasons stated in the [b]ankruptcy [c]ourt’s [d]ecision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Laura Taylor Swain

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.