· 6/1/2007
Morris v. Zelch (In Re Regional Diagnostics, LLC.)
Citations
- 372 B.R. 3
- 2007 Bankr. LEXIS 1825
- 48 Bankr. Ct. Dec. (CRR) 99
- 2007 WL 1587256
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “under Delaware law a claim for breach of the duty of loyalty can be premised on a failure to act in good faith”
- plaintiff is required to “state with particularity the circumstances constituting fraud according to the requirements imposed by rule 9(b)” when he alleges a fraudulent transfer based on actual fraud
- “Rule 12(e) addresses unintelligibility rather than lack of detail, which means that motions for a more definite statement should not be used as a substitute for discovery.”
- related to jurisdiction because potential recovery from state law claims would augment creditor recovery
- “While the potential to increase recovery to the creditors or former creditors of the estate is not enough alone to confer jurisdiction, potential benefit to creditors or former creditors weighs in favor of jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pat E. Morgenstern-Clarren
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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