Legal Opinion
In Re Standard Oil & Exploration of Delaware, Inc.
United States Bankruptcy Court, W.D. Michigan
Decided January 24, 1992No. 20-00696PublishedCited by 4 opinions
1Opinion of the Court
OPINION REGARDING DEBTOR’S MOTION TO OBTAIN CREDIT BY ISSUANCE OF NOTES EXEMPT FROM SECURITIES LAWS
JAMES D. GREGG, Bankruptcy Judge.
I. ISSUES
May a chapter 11 debtor in possession issue preconfirmation administrative priority notes to obtain fresh capital? If so, are such notes exempt from the registration and prospectus delivery requirements of federal and state securities laws pursuant to 11 U.S.C. § 364(f)? 1 May those notes then be subsequently exchanged by the reorganized debtor for stock issued at or after confirmation of the debtor’s plan as an exempt transaction under § 1145 of the…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Lawson v. Suwannee Fruit & Steamship Co.Supreme Court of the United States · 1949
- United States v. Campos-SerranoSupreme Court of the United States · 1971
- Philko Aviation, Inc. v. ShacketSupreme Court of the United States · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
- QSI Holdings, Inc. v. Alford (In Re Quality Stores, Inc.)United States Bankruptcy Court, W.D. Michigan · 2006
- In Re Main Street AC, Inc.United States Bankruptcy Court, N.D. California · 1999
- United Safety and Alarms, Inc.United States Bankruptcy Court, S.D. Florida. · 2024