Legal Opinion

Phar-Mor, Inc. v. Coopers & Lybrand

Court of Appeals for the Third Circuit

Decided April 11, 1994No. 93-3368PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents the interesting and important question whether § 1109(b) of the Bankruptcy Code, 11 U.S.C. § 1109(b), which provides that a creditors’ committee “may raise and may appear and be heard on any issue in a case [under Chapter 11],” gives a creditors’ committee the unconditional right to intervene in a proceeding in federal district court which is “related to” a bankruptcy case. This question arises in the context of a lawsuit filed by Phar-Mor, Inc. against its auditors, the accounting firm of Coopers and Lybrand (“Coopers”), alleging…

2Cases cited34 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
  3. Marin Motor Oil, Inc. v. MichaelsCourt of Appeals for the Third Circuit · 1982
  4. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  5. Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990

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3Cited by64 opinions

  1. In Re the Celotex Corporation, Debtor. Owens-Illinois, Incorporated v. Rapid American Corporation, Successor in Interest to Philip-Carey CorporationCourt of Appeals for the Fourth Circuit · 1997
  2. Irwin Halper v. Barry HalperCourt of Appeals for the Third Circuit · 1999
  3. In Re Exide TechnologiesCourt of Appeals for the Third Circuit · 2008
  4. In Re Emoral, Inc.Court of Appeals for the Third Circuit · 2014
  5. Rdm Holdings, Ltd v. Continental Plastics CoMichigan Court of Appeals · 2008

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

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