Legal Opinion
Official Committee of Unsecured Creditors v. Michelson (In Re Michelson)
United States Bankruptcy Court, E.D. California
Decided June 30, 1992No. 19-10328PublishedCited by 33 opinions
1Opinion of the Court
OPINION ON MOTION FOR SUMMARY JUDGMENT
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
Among the rocks and shoals of post-confirmation matters is the poorly charted question whether materially defective disclosure used in connection with obtaining confirmation of a plan of reorganization constitutes a fraud that permits revocation of the confirmation order under 11 U.S.C. § 1144. 2 It does. Moreover, involvement by an officer of the court in materially defective disclosure makes the fraud a fraud on the court. Revoking the order of confirmation does not require proof that the fraud have caused specific…
2Cases cited20 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- United States v. Energy Resources Co.Supreme Court of the United States · 1990
- In Re Longardner & Associates, Inc., Debtor. Appeal of Landahl, Brown & Weed Associates, IncCourt of Appeals for the Seventh Circuit · 1988
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
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3Cited by33 opinions
- Computer Task Group, Inc. v. Brotby (In Re Brotby)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In Re KidwellUnited States Bankruptcy Court, E.D. California · 1993
- In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
- In Re Sierra-CalUnited States Bankruptcy Court, E.D. California · 1997
- Tenn-Fla Partners v. First Union National Bank of FloridaDistrict Court, W.D. Tennessee · 1999
28 more not listed; retrieve them via the Exa API.