Legal Opinion

In Re Consolidated Auto Recyclers, Inc.

United States Bankruptcy Court, D. Maine

Decided January 11, 1991No. 19-20077PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

1. Introduction.

Before the court is the motion of Allied Capital Corporation 1 (“Allied”) to dismiss Consolidated Auto Recyclers of Massachusetts Chapter 11 case. Allied contends that Consolidated Auto Recyclers of Massachusetts, Inc. (CARM), was unlawfully made the subject of bankruptcy proceedings through the unauthorized actions of the bankruptcy trustee of Consolidated Auto Recyclers, Inc. (CAR), CARM’s parent and sole shareholder.

Allied urges that dismissal is required because the parent corporation’s trustee was not empowered,…

2Cases cited31 opinions

  1. Mosser v. DarrowSupreme Court of the United States · 1951
  2. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  3. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  4. In Re Auto-Train Corporation, Inc.Court of Appeals for the D.C. Circuit · 1987
  5. Committee of Asbestos-Related Litigants and/or Creditors v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1986

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

3Cited by18 opinions

  1. Donarumo v. Furlong (In Re Furlong)Court of Appeals for the First Circuit · 2011
  2. In Re Uno Broadcasting Corp.United States Bankruptcy Court, D. Arizona · 1994
  3. In Re GucciUnited States Bankruptcy Court, S.D. New York · 1994
  4. Birch v. Choinski (In Re Choinski)Bankruptcy Appellate Panel of the First Circuit · 1997
  5. In Re Orchard at Hansen Park, LLCUnited States Bankruptcy Court, N.D. Texas · 2006

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

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