Astropower liquidating

Posted by / 22-Sep-2019 08:43

Astropower liquidating

Under Supreme Court personal jurisdiction jurisprudence, the facts were insufficient to establish personal jurisdiction over the Merrill Lynch Defendants.

In some other cases, following the sale of the assets with the confirmation of a liquidating plan is the not best path. Before the Court is the Motion filed by the City of Rialto and Rialto Utility Authority (collectively "Rialto") to dismiss for lack of subject matter jurisdiction, abstain, or transfer venue of this adversary proceeding commenced by BWI Liquidating Trust ("the Plaintiff"), which asserts a claim for breach of contract of a Water Services Agreement ("WSA").Under the WSA, the Debtors were responsible for designing and installing facilities for the treatment of groundwater from the Well that met water quality standards.As a result of that communication, the Debtors asserted that Rialto had materially breached and terminated the WSA.On December 30, 2009, the Debtors sent Rialto a written demand for payment of two outstanding invoices as well as additional damages for the alleged wrongful termination.

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For example, there may not be sufficient unencumbered assets to fund the rest of the case, or there may not be enough assets to satisfy the various types of claims that must be paid in full in order to obtain confirmation.

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