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Arriva Pharms. Inc. v. Lezdey (In re Arriva Pharms. Inc.)

Arriva Pharms. Inc. v. Lezdey (In re Arriva Pharms. Inc.)

Ruling
State court action challenging debtor's assumption of prepetition lien agreement was barred by confirmation order.
Procedural posture

Chapter 11 debtor, whose plan had been confirmed, brought an adversary complaint against defendants, parties bringing a state court action against the debtor challenging the debtor's assumption of a pre-petition license agreement. Debtor moved for summary judgment on its claim asserting that the state court plaintiffs were barred from bringing and prosecuting the state court suit.

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Commercial opinion summary, case decided on April 26, 2011 , LexisNexis #0511-099