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 | | Gilbert alleged, inter alia, that the foreclosure and sale of BFG's partnership interest was a sham, intended to divest him of his indirect interest in debtor.1 In his lawsuit, Gilbert sought damages in excess of $2,000,000, as well as equitable relief that included the reinstatement of BFG's partnership interest in debtor. |
 | | Gilbert alleges, however, that the $2,375,000 cash call was not actually needed as part of the debt restructuring, but instead was a pretense designed by the California partners to gain leverage in a dispute between the general partners concerning alleged cost overruns on the renovations at the hotel property. |
 | | Debtor argued, inter alia, that Gilbert's new allegations and demands (i.e., the claims for conversion, increased monetary damages, and punitive damages) and BFG's entire lawsuit were pre-petition "claims" within the meaning of the S 101(5) of the Bankruptcy Code, and were, therefore, discharged upon confirmation of debtor's reorganization plan. |
| vls.law.vill.edu /locator/3d/aug1999/981280.txt (4764 words) |
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