· 3/31/2008
Highland Capital Management LP v. Chesapeake Energy Corp. (In Re Seven Seas Petroleum, Inc.)
Citations
- 522 F.3d 575
- 173 Oil & Gas Rep. 289
- 2008 U.S. App. LEXIS 6835
- 49 Bankr. Ct. Dec. (CRR) 210
- 2008 WL 836400
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the claims alleged “a direct injury ... that was independent of any injury to [the debtor]”
- recognizing that “the existence of common parties and shared facts between the bankruptcy and the bondholders’ suit does not necessarily mean that the claims asserted by the bondholders are property of the estate”
- holding that conspiracy to defraud claim was owned by bondholders, not estate
- stating that, in determining whether claim belongs to debtor, courts \look to the nature of the injury for which relief is sought and consider the relationship between the debtor and the injury\
- holding that section 541(a)(1) should be construed “broadly”
- aiding and abetting fraud claim under Texas law alleges direct injury to plaintiffs that is not derivative of injury to debtor
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Demoss, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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