May v. Lobo Land LLC (In re Lobo Land LLC)

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Court had subject matter jurisdiction over adversary proceeding brought by creditor against debtor LLC and managing member for unauthorized transfer of released escrow funds.
Procedural posture: 
Plaintiff creditor filed an adversary proceeding against defendants, a debtor limited liability company and its managing member, alleging conversion by the member or aiding and abetting conversion by the debtor along with a breach of fiduciary duty. Sua sponte, the court questioned its jurisdiction because the chapter 11 case had been confirmed and the member was not a debtor.
Issue: 
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Commercial case opionion summary, case decided on December 21,2007, LexisNexis #0208-034