Legal Opinion
Feldman v. Trustees of Beck Industries, Inc.
Court of Appeals for the Second Circuit
Decided April 30, 1973No. 582, Docket 72-2277PublishedCited by 6 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
The issue on this appeal is whether the Bankruptcy Court had jurisdiction under 11 U.S.C. §§ 5111 and 516(4) 2 to restrain Maryland state court proceedings against a wholly-owned subsidiary of the debtor in Chapter X proceedings, Beck Industries, Inc. (hereinafter “Beck”). The subsidiary, Webster Clothes, Inc. (hereinafter “Subsidiary”), had been newly created by Beck for the purpose of entering into a corporate ac*412quisition but subsequent to the acquisition the Subsidiary also was a self-sustaining, viable, autonomous entity engaged in the conduct of its own business,…
2Cases cited12 opinions
- Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
- Klein v. Board of Tax Supervisors of Jefferson Cty.Supreme Court of the United States · 1930
- Schenley Distillers Corporation v. United StatesSupreme Court of the United States · 1946
- Callaway v. BentonSupreme Court of the United States · 1949
- General American Tank Car Corp. v. Adolf Gobel, Inc.Court of Appeals for the Second Circuit · 1936
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3Cited by6 opinions
- Kane v. Johns-Manville Corp. (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1988
- Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1984
- Beck Industries, Inc. v. Trustees of Beck Industries, Inc.Court of Appeals for the Second Circuit · 1973
- In re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 2016
- Tower Automotive Mexico v. Grupo Proeza, S.A. De C.V.United States Bankruptcy Court, S.D. New York · 2006
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