Legal Opinion
In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.
Court of Appeals for the Seventh Circuit
Decided September 28, 1989No. 88-2166PublishedCited by 183 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
In this case we are asked to determine the novel question of the propriety of serial Chapter 11 bankruptcy filings. The debtor originally filed a petition for reorganization under Chapter 11, which was confirmed and substantially consummated. Less than one and a half years later, the debtor filed a second Chapter 11 petition, which had as its goal the liquidation of the reorganized entity. If the second Chapter 11 filing is proper, the original plan for reorganization approved as a result of the first Chapter 11 petition will presumably be superseded by a new plan. One…
2Cases cited41 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
36 more not listed; retrieve them via the Exa API.
3Cited by183 opinions
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
- Salem, Maurice J. v. Neshewat, MichaelCourt of Appeals for the Seventh Circuit · 2006
- Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
- In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
178 more not listed; retrieve them via the Exa API.