In Re RCM Global Long Term Capital Appreciation Fund, Ltd.

How courts have described this case

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

• emphasizing that the finding that standing existed because of the \continu[ous]\ nature of the services rendered by the triggering creditors for the debtor
• holding that where a party “file[s] for chapter 11 relief to take advantage of certain provisions of the Bankruptcy Code, this, in and of itself, does not constitute bad faith” rising to the level of “cause” for dismissal under section 1112(b)
• finding that plaintiff could survive a motion to dismiss by trial.11 Because the power given to a trustee under § 544(b
• finding that plaintiff could survive a motion to dismiss by pleading, generally, the existence of a triggering creditor and may provide proof of such creditor's existence later in the case
• pleading the existence of an unsecured creditor with an allowable claim is sufficient
• pleading the existence of an unsecured creditor with an allowable claim is sufficient

Source: CourtListener parenthetical corpus (CC0).