Fi liquidating trust

26-Jan-2019 19:41

Morgan Trust Company, NA, the Liquidating Trustee of the FI Liquidating Trust.(related document(s)27, 20) signed 9/1/2005.

Memorandum Opinion re Motion to Dismiss Adversary Proceeding , Directors And Officers' Verified Complaint For Injunctive Relief And For A Declaratory Judgment. (Hinkle, Jamie) Parties to receive electronic notice Memorandum Opinion re Motion for Summary Judgment on Claim for Immediate Indemnification and Advancement of Costs, Including Attorney's Fees(related document(s)27) (Hinkle, Jamie) entered 10/11/2005 signed /s/ Jerry W.

Wenger, on the brief, New York, NY, for appellants, Philip Rinaldi, Pegasus. GAF relies on “new” evidence of the defendants' misconduct in connection with the sale of the Coffeyville Assets. ¶ 18 (footnoted omitted).)Plaintiff's Complaint, under Missouri law, is based upon the Acting Defendants interfering with and causing [GAF] to lose its business opportunity to purchase the Coffeyville Assets. All of the defendants, for various reasons, moved the bankruptcy court to dismiss GAF's complaint. ¶ 87.)[GAF seeks an order] [r]equiring the Liquidating Trustee ․ to set forth its interest in the proceeds of this litigation or be forever barred from asserting the same against [GAF] or as a charge against any award entered by this Court in favor of [GAF] arising from these proceedings.(Id. Instead, GAF asks the bankruptcy court to order the Liquidating Trustee to set forth any interest it might have in any award of damages that GAF receives pursuant to its complaint. ¶ 21.)As a consequence of the foregoing acts of the Acting Defendants, the Liquidating Trustee may have or claim to have an interest in the proceeds of this litigation.(Id. Higgins, 743 F.2d 984, 994 (3rd Cir.1984), overruled on other grounds by Things Remembered, Inc. Morgan Trust Company, National Association in its capacity as Trustee of the FI Liquidating Trust. Wal–Mart Stores, Inc., 588 F.3d 585, 591 (8th Cir.2009) (internal quotations omitted).It determined that GAF was not a qualified bidder because the bid was submitted without the required 10% deposit of the bid amount, in an improper format, without required exhibits and schedules, and missing information necessary for Farmland to determine the bid's actual value. On November 14, 2003, the bankruptcy court approved the sale of the Coffeyville assets to Coffeyville Resources, LLC (CRLLC), which was incorporated by Pegasus to make the purchase. In its order approving the sale of the Coffeyville assets to CRLLC, the bankruptcy court found that GAF's bid did not satisfy the auction and sale bidding procedure requirements. Fraud on the court is an extraordinary means by which to obtain equitable relief and requires the plaintiff to prove no adequate remedy at law. GAF has not alleged that it has no adequate remedy at law.

Wenger, on the brief, New York, NY, for appellants, Philip Rinaldi, Pegasus. GAF relies on “new” evidence of the defendants' misconduct in connection with the sale of the Coffeyville Assets. ¶ 18 (footnoted omitted).)Plaintiff's Complaint, under Missouri law, is based upon the Acting Defendants interfering with and causing [GAF] to lose its business opportunity to purchase the Coffeyville Assets.

All of the defendants, for various reasons, moved the bankruptcy court to dismiss GAF's complaint. ¶ 87.)[GAF seeks an order] [r]equiring the Liquidating Trustee ․ to set forth its interest in the proceeds of this litigation or be forever barred from asserting the same against [GAF] or as a charge against any award entered by this Court in favor of [GAF] arising from these proceedings.(Id.

Instead, GAF asks the bankruptcy court to order the Liquidating Trustee to set forth any interest it might have in any award of damages that GAF receives pursuant to its complaint. ¶ 21.)As a consequence of the foregoing acts of the Acting Defendants, the Liquidating Trustee may have or claim to have an interest in the proceeds of this litigation.(Id. Higgins, 743 F.2d 984, 994 (3rd Cir.1984), overruled on other grounds by Things Remembered, Inc.

Morgan Trust Company, National Association in its capacity as Trustee of the FI Liquidating Trust. Wal–Mart Stores, Inc., 588 F.3d 585, 591 (8th Cir.2009) (internal quotations omitted).

It determined that GAF was not a qualified bidder because the bid was submitted without the required 10% deposit of the bid amount, in an improper format, without required exhibits and schedules, and missing information necessary for Farmland to determine the bid's actual value. On November 14, 2003, the bankruptcy court approved the sale of the Coffeyville assets to Coffeyville Resources, LLC (CRLLC), which was incorporated by Pegasus to make the purchase. In its order approving the sale of the Coffeyville assets to CRLLC, the bankruptcy court found that GAF's bid did not satisfy the auction and sale bidding procedure requirements. Fraud on the court is an extraordinary means by which to obtain equitable relief and requires the plaintiff to prove no adequate remedy at law. GAF has not alleged that it has no adequate remedy at law.

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