Legal Opinion

Official Committee of Asbestos v. G-I Holdings, Inc. (In Re G-I Holdings, Inc.)

Court of Appeals for the Third Circuit

Decided September 24, 2004No. 03-3188PublishedCited by 23 opinions

1Opinion of the Court

OPINION

ALITO, Circuit Judge.

This is an appeal by the Official Committee of Asbestos Claimants (“the Committee”) from a District Court order that affirmed a Bankruptcy Court order denying the Committee’s motion for the appointment of a chapter 11 trustee. The Committee contends that the District Court and the Bankruptcy Court misapplied our decision in In re Marvel Entertainment Group Inc., 140 F.3d 463 (3d Cir.1998) (“Marvel"). The Committee does not dispute the proposition that, under our cases, the party seeking the appointment of a trustee generally bears the burden of persuasion by clear…

2Cases cited5 opinions

  1. In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
  2. In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998
  3. In RE v. Savino Oil & Heating Co., Inc.United States Bankruptcy Court, E.D. New York · 1989
  4. United States v. Robert Alexander BestCourt of Appeals for the Third Circuit · 2002
  5. Petit v. New England Mortgage Services Inc.District Court, D. Maine · 1995

3Cited by23 opinions

  1. In re: Thomas C. Wettach v.Court of Appeals for the Third Circuit · 2016
  2. Cappuccio v. Prime Capital Funding LLCCourt of Appeals for the Third Circuit · 2011
  3. In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2005
  4. McCann v. George W. Newman Irrevocable TrustCourt of Appeals for the Third Circuit · 2006
  5. Tradex Corp. v. MorseDistrict Court, D. Massachusetts · 2006

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