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Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Ruling
Claims against debtor shipbuilder's officers and directors were subject to automatic stay.
Procedural posture

Plaintiff sued defendants, a shipbuilding company and the shipbuilding company's officers and directors, alleging breach of contract and breach of fiduciary duty. The court stayed the action against the shipbuilding company, pursuant to 11 U.S.C.S. § 362, after it learned that the company was in bankruptcy, and plaintiff sought a ruling on whether the stay applied to its claims against the company's officers and directors.

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Commercial opinion summary, case decided on August 03, 2009 , LexisNexis #0909-040