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· 1/10/2006

Mirant Corp. v. the Southern Co.

Citations

  • 337 B.R. 107
  • 2006 U.S. Dist. LEXIS 5580
  • 2006 WL 176997

How courts have described this case

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

  • holding that when a claim will neither interfere with nor advance the bankruptcy process, expediting the bankruptcy process is not relevant to the withdrawal decision
  • observing that “[t]he principles announced in Marathon would be violated if such an intertwinement theory were to be given effect”
  • observing that “[t]he principles announced in Marathon would be violated if such an intertwinement theory were to be given effect”
  • disagreeing with the bankruptcy court that “non-core claims were so intertwined with the other claims in the complaint” that core bankruptcy jurisdiction lay
  • considering Holland America factors in determination of motion to withdraw reference
  • claims for unlawful dividend, alter ego, and aiding and abetting breach of fiduciary duty are non-core

Source: CourtListener parenthetical corpus (CC0).

Judges: McBryde

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.