Legal Opinion

In re Fesco Plastics Corp.

Court of Appeals for the Seventh Circuit

Decided June 2, 1993No. 92-3266PublishedCited by 49 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

The case involves the scope of a bankruptcy court’s equitable power under 11 U.S.C. § 105(a). There are two issues. First, does a creditor have a right to recover post-petition interest on his claim where he was paid later than other creditors of the same class? Second, does an attorney whose work directly benefits creditors other than his clients have a right to recover fees from those creditors?

I. BACKGROUND

The facts are relatively straightforward. In September 1984, Fesco Plastics Corporation filed for bankruptcy under Chapter 11 of the Bankruptcy Code. 11 U.S.C. §§…

2Cases cited21 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  5. Trustees v. GreenoughSupreme Court of the United States · 1882

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

3Cited by49 opinions

  1. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  2. In the Matter of John E. Mayer and Deborah Mayer, Debtors-Appellants v. Spanel International Ltd. And Bank One-Rockford, N.A., Creditors-AppelleesCourt of Appeals for the Seventh Circuit · 1995
  3. In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of EducationCourt of Appeals for the Ninth Circuit · 2003
  4. In re Kmart Corp.Court of Appeals for the Seventh Circuit · 2004
  5. Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997

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

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