Legal Opinion

Coleman Enterprises, Inc. v. QAI, Inc. (In Re Coleman Enterprises, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 27, 2002No. 01-6071MNPublishedCited by 19 opinions

1Opinion of the Court

FEDERMAN, Bankruptcy Judge.

Jointly-administered debtors Coleman Enterprises, Inc. and American Cyber Corporation (the Debtors) appeal from an Order of the bankruptcy court nullifying their small-business election and denying their motion to dismiss the bankruptcy cases. For the following reasons, we affirm the decision of the bankruptcy court to nullify the small-business election. 1 We further find that the portion of the order denying the motion to dismiss is not a final order, and we deny leave to appeal.

I

ISSUES PRESENTED

1. The Bankruptcy Code allows a business debtor to elect to proceed…

2Cases cited13 opinions

First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
Frentz v. CommissionerUnited States Tax Court · 1965

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

3Cited by19 opinions

In Re M & S Grading, Inc.Court of Appeals for the Eighth Circuit · 2008
Save Our Springs (S.O.S) Alliance, Inc. v. WSI (II)-COS, L.L.C.Court of Appeals for the Fifth Circuit · 2011
Nebraska Ex Rel. Linder v. Strong (In Re Strong)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
Safeco Insurance Co. of America v. Farmland Industries, Inc. (In Re Farmland Industries, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
Farmers State Bank of Nebraska v. Citizens Bank (In re BTR Partnership)District Court, D. Nebraska · 2003

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