Legal Opinion

In Re Microboard Processing, Inc.

United States Bankruptcy Court, D. Connecticut

Decided February 6, 1989No. 19-30143PublishedCited by 16 opinions

1Opinion of the Court

ALAN H.W. SHIFF, Bankruptcy Judge.

The debtor moves, pursuant to Bankruptcy Code § 105(a) and Rule 60(b)(6) F.R. Civ.P., 1 made applicable by Bankruptcy Rule 9024, to reconstitute the membership of the creditors’ committee appointed by the court under Code § 1102(a)(1), by removing its two largest unsecured creditors. For the reasons that follow, the motion is denied.

BACKGROUND

In March, 1983, the debtor was incorporated by Craig Hoekenga, Arthur Capozzi and Nicholas Pekar as trustee for Joseph Mallardi, who became the debtor's sole shareholders. In December, 1984, and January, 1985, agreements…

2Cases cited10 opinions

  1. Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986
  2. In The Matter Of The Bohack CorporationCourt of Appeals for the Second Circuit · 1979
  3. Johns-Manville Sales Corp. v. Doan (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
  4. In Re Daig Corp.United States Bankruptcy Court, D. Minnesota · 1981
  5. Manville Corp. v. Equity Security Holders' Committee (In Re Johns-Manville Corp.)District Court, S.D. New York · 1986

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re Spm Manufacturing CorporationCourt of Appeals for the First Circuit · 1993
  2. Pan Am Corp. v. Delta Air Lines, Inc.District Court, S.D. New York · 1994
  3. ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)United States Bankruptcy Court, S.D. New York · 1997
  4. In Re Barney's, Inc.United States Bankruptcy Court, S.D. New York · 1996
  5. In Re Central Medical Center, Inc.United States Bankruptcy Court, E.D. Missouri · 1990

11 more not listed; retrieve them via the Exa API.

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