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Markus v. Fried (In re Geneva Steel LLC)

Markus v. Fried (In re Geneva Steel LLC)

Ruling
Trustee's claim against directors for breaches of fiduciary duties were deemed to be core proceedings since the directors had filed proofs of claim against the estate.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against, among others, defendant directors of corporate bankruptcy debtors, alleging that the directors breached fiduciary duties, and the directors counterclaimed for indemnification and compensation for services. The directors moved for a determination that the trustee's claims against the directors were non-core matters under 28 U.S.C. § 157.

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opinion summary, case decided on April 17, 2006 , LexisNexis #0606-065