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Bankruptcy
87 S. Ct. 1801 (1967) | Cited 1694 times
... MR. JUSTICE FORTAS delivered the opinion of the Court. This case presents the question whether the federal court or an arbitrator is to resolve a claim of "fraud in the inducement," under a contract governed by the United States Arbitration Act of 1925, 1 where there is no evidence that the ...
996 F.2d 1144 (1993) | Cited 1186 times
... PER CURIAM Both the Resolution Trust Corporation ("RTC"), the appellant and cross appellee, and Hallmark Builders, Inc. ("Hallmark") and Ronald D. Nutt, its president, the appellees and cross appellants, appeal from the judgment of the United States District Court for the Middle District of ...
811 F.2d 818 (1987) | Cited 868 times
... Before RUSSELL, WIDENER and CHAPMAN, Circuit Judges. WIDENER, Circuit Judge: Petitioners, Diana R. Beard and others (Mrs. Beard), are all women who have filed claims in the Chapter 11 bankruptcy of A. H. Robins Company, Inc. (Robins). All of their claims relate to injuries they suffered from ...
991 F.2d 1236 (1993) | Cited 600 times
... KENNEDY, Circuit Judge. Plaintiff appeals the District Court's order affirming the Bankruptcy Court's dismissal of plaintiff's complaint for failure to state a claim. Plaintiff David W. Allard, Jr., Trustee of the DeLorean Motor Company, filed a complaint seeking declaratory and monetary relief for ...
107 S. Ct. 353 (1986) | Cited 580 times
... JUSTICE POWELL delivered the opinion of the Court. We granted review in this case to decide whether restitution obligations, imposed as conditions of probation in state criminal proceedings, are dischargeable in proceedings under Chapter 7 of the Bankruptcy Code. I In 1980, Carolyn Robinson ...
109 S. Ct. 2782 (1989) | Cited 563 times
... JUSTICE BRENNAN delivered the opinion of the Court. The question presented is whether a person who has not submitted a claim against a bankruptcy estate has a right to a jury trial when sued by the trustee in bankruptcy to recover an allegedly fraudulent monetary transfer. We hold that the Seventh ...
928 F.2d 232 (1991) | Cited 505 times
... WOOD, Jr., Circuit Judge Plaintiff-appellee Bank Leumi Le-Israel ("Bank Leumi") is a foreign bank transacting business in Chicago, Illinois. Defendant-appellant Dennis Lee ("Lee") was the president and a shareholder of Andens of Illinois, Inc. ("Andens"). Andens (not a party to this suit) imported ...
510 F.3d 442 (2007) | Cited 493 times
... PUBLISHED Argued: October 31, 2007 Before WILKINSON and MOTZ, Circuit Judges, and Louise W. FLANAGAN, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation. Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and ...
743 F.2d 984 (1984) | Cited 483 times
... Opinion OF THE COURT GARTH, Circuit Judge: Philadelphia Asbestos Co. (trading as "Pacor, Inc.") appeals from a district court order which remanded a products liability action, brought against Pacor by John Higgins and his wife, to Pennsylvania state court. This case, as well as Hanna v. ...
21 F.3d 522 (1994) | Cited 482 times
... MINER, Circuit Judge: Defendant-appellant Maurice Bidermann appeals from a money judgment entered in the United States District Court for the Southern District of New York (Patterson, J.) in favor of plaintiff-appellee Rexnord Holdings, Inc. ("RHI") in the amount of $12,989,312.64, the district ...
398 F.3d 1098 (2005) | Cited 466 times
... FOR PUBLICATION Argued and Submitted September 14, 2004 -- San Francisco, California OPINION The Attorney General of California, Bill Lockyer, sues under section 16 of the Clayton Act, 15 U.S.C. § 26, seeking divestiture by the Mirant defendants (collectively, "Mirant") of three electrical ...
306 F.3d 99 (2002) | Cited 426 times
... Argued: August 8, 2002 We consider here the standard district courts should employ in determining whether a party's failure to comply with discovery requests warrants the imposition of sanctions. DeGeorge Financial Corp., DeGeorge Home Alliance, Inc., and DeGeorge Capital Corp. (collectively, ...
108 S. Ct. 626 (1988) | Cited 409 times
... JUSTICE SCALIA delivered the opinion of the Court. Petitioner United Savings Association of Texas seeks review of an en banc decision of the United States Court of Appeals for the Fifth Circuit, holding that petitioner was not entitled to receive from respondent debtor, which is undergoing ...
303 F.3d 571 (2002) | Cited 408 times
... Appellants the Texas Comptroller of Public Accounts and the Texas Workforce Commission appeal the district court's judgment affirming a postjudgment order entered by the bankruptcy court setting out the interest rate applicable to payments due the Appellants under Section 3.02(b) of Appellee ...
59 S. Ct. 134 (1938) | Cited 406 times
... MR. JUSTICE REED delivered the opinion of the Court. This certiorari was allowed to review a judgment of the Supreme Court of Illinois. That court had denied effect to a plea of res judicata arising from orders of a district court in bankruptcy. Provisions declaring the supremacy of the ...
213 F.3d 474 (2000) | Cited 403 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Argued and Submitted February 7, 2000--Pasadena, California Opinion by Judge Magill OPINION This case arises out of a dispute concerning ...
788 F.2d 994 (1986) | Cited 389 times
... Before RUSSELL and CHAPMAN, Circuit Judges, and SWYGERT, Senior Circuit Judge of the United States Court of Appeals for the Seventh Circuit, sitting by designation. RUSSELL, Circuit Judge: Confronted, if not overwhelmed, with an avalanche of actions filed in various state and federal courts ...
503 U.S. 249 (1992) | Cited 376 times
... JUSTICE THOMAS delivered the opinion of the Court. In this case, we determine the appealability of an interlocutory order issued by a district court sitting as a court of appeals in bankruptcy. I In 1984, O'Sullivan's Fuel Oil Co. filed a bankruptcy petition in the United States Bankruptcy Court ...
572 F.2d 1386 (1978) | Cited 374 times
... Before WALLACE, SNEED and KENNEDY, Circuit Judges. KENNEDY, Circuit Judge: The first issue on this appeal is whether a complaint by a bankruptcy trustee alleging that defendant had received either a fraudulent conveyance or a voidable preference was sufficient to support a default judgment. The ...
453 F.3d 882 (2006) | Cited 368 times
... SUBMITTED JANUARY 19, 2006 Before EASTERBROOK, MANION, and KANNE, Circuit Judges. Kenneth McCready has used the federal and state courts to harass eBay, Inc. and eBay's customers. Acting pro se, McCready has brought suits in many different courts, including: twice in the United States District ...
93 S. Ct. 631 (1973) | Cited 346 times
... MR. JUSTICE BLACKMUN delivered the opinion of the Court. The Bankruptcy Act and one of this Court's complementary Orders in Bankruptcy impose fees and make the payment of those fees a condition to a discharge in voluntary bankruptcy. Appellee Kras, an indigent petitioner in bankruptcy, challenged ...
105 S. Ct. 1986 (1985) | Cited 316 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question here is whether the trustee of a corporation in bankruptcy has the power to waive the debtor corporation's attorney-client privilege with respect to communications that took place before the filing of the petition in bankruptcy. I ...
81 F.3d 355 (1996) | Cited 307 times
... Argued: December 4, 1995 OPINION OF THE COURT This case raises issues concerning the application and scope of the doctrine of judicial estoppel. The district court, upon recommendation of a United States Magistrate Judge, granted summary judgment in favor of defendants on the theory that ...
88 S. Ct. 1157 (1968) | Cited 299 times
... MR. JUSTICE WHITE delivered the opinion of the Court. This case involves a corporate reorganization under Chapter X of the Bankruptcy Act, 52 Stat. 883, 11 U. S. C. §§ 501-676. In the most recent proceedings 1 the District Court approved an amended plan of reorganization and discharged the ...
777 F.2d 992 (1985) | Cited 298 times
... EDITH H. JONES, Circuit Judge: This appeal results from an order of the district court preliminarily enjoining state court litigation over the proceeds of a bankrupt company's fire insurance policy. We find that (1) the district court had jurisdiction and (2) the bankruptcy automatic stay did not ...
980 F.2d 110 (1992) | Cited 291 times
... CARDAMONE, Circuit Judge: For 73 years Publicker Industries, a publicly-held small liquor distillery, produced whiskey, industrial alcohol and chemical solvents on a 38-acre parcel of land on Delaware Avenue in Philadelphia, Pennsylvania. From this location, in an industrial section of the city, ...
179 F.3d 197 (1999) | Cited 288 times
... Appeals from the United States District Court for the Northern District of Texas For all but one of the claims at hand, the overarching issue is whether the bankruptcy court abused its discretion by not judicially estopping plaintiffs Industrial Clearinghouse and the Trustee for the bankruptcy ...
86 S. Ct. 467 (1966) | Cited 287 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The disputed issue here is whether a bankruptcy court has summary jurisdiction to order the surrender of voidable preferences asserted and proved by the trustee in response to a claim filed by the creditor who received the preferences. The ...
328 F.3d 1291 (2003) | Cited 276 times
... [PUBLISH] This is an appeal from a bankruptcy court order denying a motion to set aside final default judgment entered against Defendants D. Omar Valdez ("Valdez") and Worldstar Communications Corporation ("Worldstar"). The district court affirmed the bankruptcy court's denial, and it is from ...
43 Cal.App.4th 1101 (1996) | Cited 258 times
... HANLON, J. Appellants Fred Abdallah, Soloman Abdallah and Alice Ovadia appeal from judgments of dismissal in favor of respondents United Savings Bank, Sharon Keane and Standard Trust Deed Service after respondents' demurrers to appellants' complaint were sustained without leave to amend, and from ...
4 F.3d 1095 (1993) | Cited 254 times
... WALKER, Circuit Judge: Defendant-Appellant Showtime Networks Inc. ("Showtime") appeals from a judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge), affirming orders of the United States Bankruptcy Court (Burton R. Lifland, Chief Judge), ...
60 S. Ct. 628 (1940) | Cited 249 times
... MR. JUSTICE BLACK delivered the opinion of the Court. A rich oil field was discovered in Illinois in 1938. Thereupon, this dispute arose between a trustee of a railroad in reorganization under § 77 of the Bankruptcy Act (11 U. S. C. 205) and other claimants as to the legal right to drill for and ...
960 F.2d 285 (1992) | Cited 246 times
... MCLAUGHLIN, Circuit Judge: Appellants are three members of a proposed class of plaintiffs that have asserted claims against defendants-appellees Drexel Burnham Lambert Group, Inc. and its subsidiaries (collectively "Drexel"). Appellants ask us to reverse an order entered in the United States ...
81 F.3d 1310 (1996) | Cited 243 times
... MURNAGHAN, Circuit Judge: The present dispute arises from a voluntary bankruptcy petition filed by Varat Enterprises, Inc. ("Varat"), a clothing manufacturer located in South Carolina. Prior to the bankruptcy filing, the South Carolina law firm of Nelson, Mullins, Riley & Scarborough ("Nelson, ...
901 F.2d 849 (1990) | Cited 229 times
... Per Curiam. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument. During ...
94 S. Ct. 2431 (1974) | Cited 225 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in this case, 414 U.S. 1091 (1973), to resolve the conflict among the Courts of Appeals on the questions of whether an income tax refund is "property" under § 70a (5) of the Bankruptcy Act 1 and whether, ...
482 F.3d 612 (2007) | Cited 208 times
... Argued December 1, 2005 Before: CARDAMONE, LEVAL, and SACK, Circuit Judges. The Superintendent of Banks of the State of New York (Superintendent or appellant) has seized $100 million in assets and other property from two failed foreign banks. The foreign bankruptcy administrator of the two banks ...
889 F.2d 1248 (1989) | Cited 200 times
... MAHONEY, Circuit Judge. This adversary proceeding was commenced in the United States Bankruptcy Court for the Southern District of New York on November 1, 1985, shortly after Tacoma Boatbuilding Company ("Tacoma"), a Washington based manufacturer of high technology, high performance vessels, filed ...
94 S. Ct. 2504 (1974) | Cited 199 times
... Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE WHITE. The Penn-Central Transportation Co. is in bankruptcy reorganization under § 77 of the Bankruptcy Act, 11 U. S. C. § 205. Petitioners are its trustees authorized to collect its assets, one of which is a claim for ...
212 F.3d 891 (2000) | Cited 199 times
... As amended June 9, 2000 Appeal from the United States District Court For the Northern District of Texas Orix Credit Alliance, Inc. ("OCAI") appeals the district court's (1) dismissal of its Complaint for Issuance of Preliminary Injunction, Permanent Injunction and Declaratory Judgment (the ...
971 F.2d 522 (1992) | Cited 196 times
... ANDERSON, Circuit Judge. This appeal is a consolidation of several cases arising out of an investigation of suspected employee theft and substance abuse at the two Oklahoma warehouses of T.G.&Y. Stores Co., a Delaware corporation engaged in retail merchandising, with its principal place of ...
104 S. Ct. 1188 (1984) | Cited 195 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Two important and related questions are presented by these petitions for certiorari: (1) under what conditions can a Bankruptcy Court permit a debtor-in-possession to reject a collective-bargaining agreement; (2) may the National Labor ...
959 F.2d 1194 (1991) | Cited 194 times
... Opinion OF THE COURT In this appeal arising from litigation between a father and son and their respective corporations, we address the scope and effect of the Bankruptcy Code's automatic stay provision, 11 U.S.C. § 362(a)(1), on the district court's judgment entered after the son filed a Chapter ...
66 S. Ct. 853 (1946) | Cited 191 times
... Opinion of the Court by MR. CHIEF JUSTICE STONE, announced by MR. JUSTICE BLACK. This is a proceeding in bankruptcy on objections to the allowance of petitioner's claim in bankruptcy based upon a money judgment acquired against the bankrupt before the bankruptcy. Respondents objected to allowance ...
368 F.3d 289 (2004) | Cited 186 times
... Argued on April 19, 2004 Approximately six months ago, two emergency petitions were filed in this Court asking us to issue Writs of Mandamus disqualifying Senior District Court Judge Alfred M. Wolin of the District of New Jersey from continuing to preside over two of five asbestos-related ...
947 F.2d 115 (1991) | Cited 185 times
... ERVIN, Chief Judge This appeal requires us to consider whether the statutory duty under ERISA of a control group of corporations to make interim withdrawal payments to the multi-employer pension fund of a bankrupt subsidiary may be suspended pending arbitration and appeal in the federal courts. We ...
44 S. Ct. 396 (1924) | Cited 185 times
... Mr. JUSTICE BRANDEIS delivered the opinion of the Court. Taubel-Scott-Kitzmiller Co., Inc., recovered, in the Supreme Court of the State of New York, a judgment against Cowen Hosiery Co., Inc. Execution thereon was levied upon personal property of the defendant lying upon premises occupied ...
219 F.3d 79 (2000) | Cited 183 times
... Argued: March 13, 2000 Plaintiffs-Appellants appeal from an order of the United States District Court for the Southern District of New York (Patterson, J.) dismissing their complaint. REVERSED and REMANDED. BACKGROUND In 1991 the Bank of Credit and Commerce International and its various related ...
244 F.3d 1289 (2001) | Cited 178 times
... [PUBLISH] This appeal raises complicated questions regarding the application of res judicata to bankruptcy proceedings. Appellant/Cross-Appellee Teledyne Industries, Inc. owns shares in a new corporate entity formed to receive the assets of a Chapter 11 debtor, Piper Aircraft Corp. ...
780 F.2d 589 (1986) | Cited 178 times
... Before POSNER, Circuit Judge, and SWYGERT and PELL, Senior Circuit Judges. POSNER, Circuit Judge. A supplier terminated a distributor, who sued for breach of contract and got a preliminary injunction. The supplier has appealed under 28 U.S.C. § 2392(a)(1). The appeal raises issued of procedure ...
326 F.3d 176 (2003) | Cited 176 times
... PRECEDENTIAL Argued January 9, 2003 OPINION OF THE COURT I. Introduction A jury convicted appellant Robert E. Brennan of seven counts of money laundering and bankruptcy fraud on April 11, 2001. On appeal, Brennan contends that this conviction should be reversed because of certain trial errors. ...
575 F.3d 322 (2009) | Cited 176 times
... PRECEDENTIAL Argued March 6, 2009 Before: SLOVITER and HARDIMAN, Circuit Judges and POLLAK, 1 District Judge. OPINION OF THE COURT In this appeal implicating the Class Action Fairness Act of 2005, we consider whether a defendant is precluded from removing a class action to federal court ...
446 F.3d 178 (2006) | Cited 170 times
... Before Boudin, Chief Judge, Torruella and Selya, Circuit Judges. This controversy began when R&G Mortgage Corporation obtained a default judgment in the Puerto Rico Court of First Instance ordering foreclosure of a mortgage on the principal residence of Pedro Vergara-Nuñez (Vergara). In a later ...
702 F.2d 380 (1983) | Cited 169 times
... Before: VAN GRAAFEILAND, MESKILL and PRATT, Circuit Judges. MESKILL, Circuit Judge: On January 15, 1982, Judge Shiff of the United States Bankruptcy Court for the District of Connecticut found Anthony Martin-Trigona in civil contempt. Judge Shiff ordered Martin-Trigona committed to the custody ...
110 S. Ct. 2258 (1990) | Cited 168 times
... This case presents the question whether a trustee in bankruptcy may "avoid" (i. e., recover) from the International Revenue Service payments of certain withholding and excise taxes that the debtor made before it filed for bankruptcy. We hold that the funds paid here were not the property of the ...
565 F.3d 1018 (2009) | Cited 167 times
... ARGUED APRIL 2, 2009 Before BAUER and FLAUM, Circuit Judges, and KAPALA, District Judge. 1 On June 29, 2007, plaintiff, Graphic Communications International Union (GCIU) Employer Retirement Fund, filed a complaint against defendant, The Goldfarb Corporation, seeking to collect withdrawal ...
163 F.3d 925 (1999) | Cited 167 times
... Appeal from the United States District Court for the Northern District of Texas This appeal arises from a malpractice suit filed by Southmark Corporation ("Southmark") against Coopers & Lybrand L.L.P. ("Coopers"), the accountant to the court-appointed Examiner in Southmark's reorganization case ...
282 F.3d 1057 (2002) | Cited 164 times
... FOR PUBLICATION OPINION Argued and Submitted January 16, 2002--San Francisco, California Toby D. Nelson ("Nelson") appeals the judgment of the district court for the District of Nevada dismissing his suit under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681- 1681u ("the FCRA") for failure to ...
52 S. Ct. 322 (1932) | Cited 164 times
... MR. JUSTICE BUTLER delivered the opinion of the Court. The district court in the eastern district of New York adjudged the Foster Construction Corporation a bankrupt, and in June, 1930, a trustee was appointed. Respondent was president and petitioner was a creditor of the corporation. ...
51 S. Ct. 465 (1931) | Cited 164 times
... MR. JUSTICE ROBERTS delivered the opinion of the Court. The District Court for Southern West Virginia entered an order in the bankruptcy of the Fall Branch Coal Company enjoining commissioners appointed by a West Virginia state court from proceeding with the sale of certain real estate of the ...
226 F.3d 160 (2000) | Cited 162 times
... Argued: April 13, 2000 Appeal from a judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) accepting the Proposed Findings of Fact and Conclusions of Law of the Bankruptcy Court (Cornelius Blackshear, Bankruptcy Judge) and dismissing, ...
715 F.2d 124 (1983) | Cited 161 times
... KNAPP, District Judge. This action comes to this Court by way of an interlocutory appeal granted by the district court to the defendants, Armstrong World Industries, Inc., and certain other co-defendants (Appellants), pursuant to 28 U.S.C. § 1292(b). The district court refused to stay the trial of ...
368 F.3d 726 (2004) | Cited 160 times
... ARGUED FEBRUARY 11, 2004 A demand for immediate payment while a debtor is in bankruptcy (or after the debt's discharge) is "false" in the sense that it asserts that money is due, although, because of the automatic stay (11 U.S.C. §362) or the discharge injunction (11 U.S.C. §524), it is not. A ...
63 S. Ct. 1141 (1943) | Cited 158 times
... In this case we are asked to review a plan for composition of the debts of respondent, a drainage district organized under the laws of Florida. The courts below have confirmed the plan under § 83 (e) of the Bankruptcy Act, 50 Stat. 653, 658, 11 U. S. C. § 403 (e), as amended, upon the finding of ...
963 F.2d 855 (1992) | Cited 156 times
... MILBURN, Circuit Judge. Defendants American Imaging Services, Inc., and William A. Opincar (collectively "AISI") appeal the district court's order granting a preliminary injunction to plaintiff Eagle-Picher Industries, Inc. enjoining AISI from proceeding in a separate civil action against David N. ...
922 F.2d 984 (1990) | Cited 155 times
... TIMBERS, Circuit Judge Appellant Martin R. Shugrue, Jr., Chapter 11 Trustee for Eastern Airlines, Inc. (Eastern), appeals from an order entered April 10, 1990 in the Southern District of New York, Robert W. Sweet, District Judge, reversing two orders of the bankruptcy court that stayed attempts by ...
969 F.2d 1384 (1992) | Cited 154 times
... MAHONEY, Circuit Judge: Defendant-appellant-cross-appellee Bankers Trust Company ("Bankers Trust") appeals from a judgment in the amount of $1,363,147.21 entered August 8, 1991 in the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, to enforce a ...
202 F.3d 1074 (2000) | Cited 154 times
... FOR PUBLICATION OPINION Argued and Submitted August 6, 1998, Opinion Filed February 4, 1999, Amended Opinion Filed May 19, 1999, Withdrawn and Rehearing En Banc Granted July 20, 1999 Argued and Submitted on Rehearing September 23, 1999--San Francisco, California Opinion by Judge Thomas OPINION ...
353 F.3d 211 (2003) | Cited 154 times
... PRECEDENTIAL Argued on December 12, 2003 OPINION OF THE COURT We have before us two Emergency Petitions for a Writ of Mandamus. Both Petitions allege that a district court judge who has presided over five asbestos-related bankruptcies for the past two years has, through his association with ...
908 F.2d 1351 (1990) | Cited 153 times
... EASTERBROOK, Circuit Judge. Kham & Nate's Shoes No. 2, Inc., ran four retail shoe stores in Chicago. It has been in bankruptcy since 1984, operating as a debtor in possession. First Bank of Whiting, one of Kham & Nate's creditors, appeals from the order confirming its plan of reorganization. This ...
322 F.3d 115 (2003) | Cited 153 times
... Argued: December 13, 2002 INJUNCTION VACATED. Appellant Triplefine International Corporation ("Triplefine") appeals from an order of the District Court for the Southern District of New York (Lawrence M. McKenna, Judge) dated October 17, 2001, enjoining it from claiming as contract damages in ...
711 F.2d 1260 (1983) | Cited 152 times
... GEE, Circuit Judge: On a day in April of 1979, Jose DeMelo was applying spray paint aboard a vessel being constructed for George Engine Company, Inc. ("George Engine") by his employer, Toche Marine, Inc. ("Toche Marine") at its shipyard in Biloxi, Mississippi. An explosion and flash fire suddenly ...
145 F.3d 124 (1998) | Cited 151 times
... Argued October 27, 1997 OPINION OF THE COURT Interface Group-Nevada, Inc. appeals from an order of the United States District Court for the District of Delaware entered in connection with the Chapter 11 proceeding of Trans World Airlines, Inc. ("TWA") which rejected Interface's claim for interest ...
188 F.3d 116 (1999) | Cited 151 times
... OPINION OF THE COURT This case requires us to apply the test for "excusable neglect" outlined in Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380 (1993). Appellant, Manus Corporation, urges that the Bankruptcy Court erred in refusing to grant relief from a ...
871 F.2d 1217 (1989) | Cited 150 times
... Opinion OF THE COURT GIBBONS, Chief Judge: DWG Corporation and Victor Posner appeal from a district court decision affirming a bankruptcy court order appointing a trustee-in-bankruptcy for debtor Sharon Steel ("the debtor" or "Sharon") pursuant to 11 U.S.C. § 1104. DWG and Posner contend that the ...
917 F.2d 918 (1990) | Cited 150 times
... JONES, Circuit Judge Plaintiffs-appellants, Robert Charles Ashbrook and Rose Marie Elaine Ashbrook (the Ashbrooks) appeal the dismissal of their lawsuit against the United States, the Farmers Home Administration (FmHA) and various federal and local officials within the FmHA. The Ashbrooks' action, ...
892 F.2d 637 (1990) | Cited 147 times
... FLAUM, Circuit Judge. The Commissioner of Internal Revenue charged that attorney Thomas V. Cassidy had filed fraudulent tax returns for the years 1974 and 1975. A notice of deficiency was sent in June 1980. Cassidy challenged the deficiencies in the United States Tax Court, but before the case ...
87 S. Ct. 274 (1966) | Cited 147 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. The question presented by this case is whether a bank which honored checks of a depositor drawn before its bankruptcy but presented for payment after it had filed a voluntary petition in bankruptcy, is liable to the trustee for the amount of ...
73 S. Ct. 299 (1953) | Cited 146 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The question presented is whether under the circumstances of this case reorganization of the respondent railroad under § 77 of the Bankruptcy Act 1 destroyed and barred enforcement of liens which New York City had imposed on specific parcels ...
127 S.Ct. 1199 (2007) | Cited 145 times
... 549 U. S. ____ (2007) We are asked to consider whether federal bankruptcy law precludes an unsecured creditor from recovering attorney's fees authorized by a prepetition contract and incurred in post-petition litigation. The Court of Appeals for the Ninth Circuit held, based on a rule previously ...
576 F.3d 172 (2009) | Cited 143 times
... PUBLISHED Argued: January 29, 2009 Before MICHAEL, KING, and AGEE, Circuit Judges. Order reversed, judgment vacated, and case remanded by published opinion. Judge Michael wrote the opinion, in which Judge Agee joined. Judge King wrote a separate opinion concurring in the judgment. OPINION ...
32 F.3d 697 (1994) | Cited 142 times
... WALKER, Circuit Judge : Plaintiff Jackson National Life Insurance Company ("Jackson National") appeals from a judgment of the United States District Court for the Southern District of New York (John F. Keenan, Judge), that dismissed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil ...
337 F.3d 314 (2003) | Cited 141 times
... PRECEDENTIAL Argued: September 19, 2002 Krystal Cadillac-Oldsmobile-GMC Truck, Inc., a Chapter 11 debtor, appeals an order of the District Court affirming the Bankruptcy Court's dismissal of the suit Krystal filed against GMC for breach of contract and related causes of action. The District Court ...
43 F.3d 714 (1994) | Cited 140 times
... CYR, Circuit Judge. The question presented on appeal is whether the bankruptcy court properly enjoined a state-law based "successor product-line liability" action in an Alaska court against an entity which had acquired a corporate chapter 11 debtor's assets by purchase and subject to an explicit ...
235 F.3d 1109 (2000) | Cited 140 times
... Appeal from the United States District Court for the Eastern District of Arkansas. Submitted: November 13, 2000 Appellant V S Limited Partnership ("VSLP") appeals the district court's 1 dismissal of its law suit against the Department of Housing and Urban Development for want of subject matter ...
10 F.3d 944 (1993) | Cited 139 times
... JACOBS, Circuit Judge: On May 27, 1993, the United States Bankruptcy Court for the Southern District of New York, Burton R. Lifland, Chief Judge, entered an Order confirming the Second Modified Joint Plan of Reorganization (the "Plan") in the bankruptcy proceedings of appellee LTV Corporation and ...
111 S. Ct. 330 (1990) | Cited 139 times
... This case presents the question whether creditors who submit a claim against a bankruptcy estate and are then sued by the trustee in bankruptcy to recover allegedly preferential monetary transfers are entitled to jury trial under the Seventh Amendment. This action was brought by petitioner ...
830 F.2d 404 (1987) | Cited 139 times
... SELYA, Circuit Judge The United States District Court for the District of Massachusetts ordered the unsealing of sworn personal financial statements submitted to the Federal Trade Commission (FTC) by Dana J. Willis and Paul F. Taglione, appellants herein. Willis and Taglione strive to convince us ...
176 F.3d 187 (1999) | Cited 137 times
... Argued: July 17, 1998 (Filed May 11, 1999) OPINION OF THE COURT This appeal by CoreStates Bank, N.A. ("CoreStates") requires us to consider the putative claim preclusive effect of the Bankruptcy Judge's denial of CoreStates's objections to a Chapter 11 bankruptcy reorganization plan ...
57 S. Ct. 556 (1937) | Cited 137 times
... MR. JUSTICE BRANDEIS delivered the opinion of the Court. The question for decision is whether § 75, subsection (s), of the Bankruptcy Act, as amended by the new Frazier-Lemke Act, August 28, 1935, c. 792, 49 Stat. 943-945, is constitutional. In this case, the federal court for western ...
758 F.2d 794 (1985) | Cited 135 times
... Before COFFIN, Circuit Judge, WISDOM,*fn* Senior Circuit Judge, and BOWNES, Circuit Judge X BOWNES, Circuit Judge This is an appeal from a judgment entered by the United States District Court for the District of Puerto Rico dismissing an appeal from an order of the United States Bankruptcy Court ...
197 F.3d 76 (1999) | Cited 134 times
... Argued September 10, 1999 OPINION OF THE COURT Both of these appeals stem from the March 24, 1999 order of the United States District Court for the District of Delaware ("District Court Order," 231 B.R. 559 (D. Del. 1999)) affirming a February 4, 1998 bankruptcy court order ("Bankruptcy Court ...
557 F.2d 179 (1977) | Cited 134 times
... TRASK, Circuit Judge: This proceeding is concerned with the financial frustrations of Combined Metals Reduction Company (CMRCO), a Utah corporation which was doing business principally in Utah and Nevada. Presently before us are ten separate appeals from orders of the District Court for the ...
1 F.3d 1130 (1993) | Cited 133 times
... BALDOCK, Circuit Judge. General American Transportation Corporation ("GATX") appeals the district court's order affirming the bankruptcy court's decision to disallow GATX's administrative expense claim. GATX claims the district court erred in affirming the bankruptcy court's denial of ...
225 F.3d 330 (2000) | Cited 132 times
... Argued February 3, 2000 Filed August 23, 2000 OPINION OF THE COURT Eastern Minerals & Chemicals Co., a creditor of Delta Carbonate Inc., appeals an order of the District Court precluding it from seeking recovery from Delta's sole shareholder, Gary Mahan, on an alter ego theory because Eastern ...
831 F.2d 1339 (1987) | Cited 132 times
... GRANT, Senior District Judge This case comes to us on appeal from the district court's dismissal of a declaratory action brought by eleven petroleum corporations (oil companies). The oil companies, appellants herein, had regularly exchanged petroleum products with Energy Coorperative, Inc. (ECI), ...
55 S. Ct. 151 (1934) | Cited 131 times
... MR. JUSTICE CARDOZO delivered the opinion of the Court. A discharge in bankruptcy, pleaded as a defense to a declaration in trover for the conversion of a chattel, has been ruled by the courts below not to constitute a bar. The question is whether upon the evidence and the findings the bar should ...
365 F.3d 1268 (2004) | Cited 130 times
... [PUBLISH] The opinion issued in this case on March 31, 2004 is hereby vacated, the following opinion is entered in lieu thereof. Bankruptcy trustee Thomas E. Reynolds, plaintiff-intervenor in this employment discrimination action filed by Vicki Parker against Wendy's International, Inc., and ...
25 F.3d 1320 (1994) | Cited 129 times
... ENGEL, Senior Circuit Judge. I. Defendant William Zebedee, at all times relevant to this appeal, was the president, chairman of the board of directors, and largest single shareholder of plaintiff Dollar Corporation. Beginning in January, 1987, Zebedee began taking advances from Dollar for ...
761 F.2d 1374 (1985) | Cited 128 times
... Before: FARRIS, PREGERSON, AND BEEZER, Circuit Judges. PREGERSON, Circuit Judge: FACTS Shakey's, a national franchisor of fast-food outlets, entered into dealer agreements with Jack Leibert, David A. Dawes, and David F. Dawes, the principals of Pizza of Hawaii, Inc. (Pizza), in 1977. On ...