Legal Opinion

Petitioning Creditors of Melon Produce, Inc. v. Joseph Braunstein, Trustee, Melon Produce, Inc. v. Peter Karger

Court of Appeals for the First Circuit

Decided May 8, 1997No. 96-1395, 96-1406PublishedCited by 28 opinions

1Opinion of the Court

FRANCIS J. BOYLE, Senior District Judge.

In this action, a Bankruptcy Court decision allowed the unsecured claim of a creditor who had obtained a preferential transfer. The petitioning unsecured creditors appealed to the District Court the Bankruptcy Court’s ruling that the unsecured creditor’s claim should neither be denied nor equitably subordinated. The District Court dismissed the petitioning unsecured creditors’ appeal for failure to prosecute. The petitioning unsecured creditors now claim that the District Court erred in dismissing their appeal. We affirm the Bankruptcy Court’s…

2Cases cited23 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Cromwell v. County of SacSupreme Court of the United States · 1877
  4. Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
  5. Dames & Moore v. ReganSupreme Court of the United States · 1981

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3Cited by28 opinions

  1. Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
  2. Fleet National Bank v. GrayCourt of Appeals for the First Circuit · 2004
  3. Hansen v. Moore (In Re Hansen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)United States Bankruptcy Court, S.D. New York · 1997
  5. Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)District Court, S.D. New York · 2007

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