Legal Opinion
In Re Daugherty Construction, Inc.
United States Bankruptcy Court, D. Nebraska
Decided October 31, 1995No. 19-40217PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
In this Chapter 11 case, the court must determine the validity of Nebraska statutory provisions dissolving a limited liability company upon the filing of a bankruptcy petition by one of its members. No cases are reported dealing with such a provision in a limited liability act in any jurisdiction, it is a matter of first impression nationally. I conclude that Nebraska law is not enforceable in a Chapter 11 bankruptcy case to terminate the limited liability company and the debtor’s membership therein. In addition, the debtor asserts that the…
2Cases cited11 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
- In Re Terrence A. Knutson, Bankrupt. Northwest Airlines, Inc. v. Edward F. Klinger, Trustee in Bankruptcy and Terrence A. KnutsonCourt of Appeals for the Eighth Circuit · 1977
- Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
- In Re Cardinal Industries, Inc.United States Bankruptcy Court, S.D. Ohio · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Matter of GP Express Airlines, Inc.United States Bankruptcy Court, D. Nebraska · 1996
- Movitz v. Fiesta Investments, LLC (In Re Ehmann)United States Bankruptcy Court, D. Arizona · 2005
- Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- Milford Power Co. v. PDC Milford Power, LLCSuperior Court of Delaware · 2004
- Sheehan v. Warner (In re Warner)United States Bankruptcy Court, N.D. West Virginia · 2012
25 more not listed; retrieve them via the Exa API.