Legal Opinion
Roffman v. Butler (In Re ROPT Ltd. Partnership)
Bankruptcy Appellate Panel of the First Circuit
Decided June 19, 1997No. BAP MB96-068PublishedCited by 5 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
On November 6, 1996, at the conclusion of hearings concerning chapter 11 debtor ROPT Limited Partnership’s motion for authority to use cash collateral and Sun Life Assurance of Canada (U.S.)’s motion for appointment of a chapter 11 trustee, the bankruptcy court ordered Stuart A. Roffman, the debtor’s principal, to return $84,500.00 to ROPT’s estate. From that order Roffman appeals.
We conclude that the jurisdictional and procedural pillars on which the lower court’s order rests are infirm and, therefore, vacate the order.
Background
An understanding of the procedural…
2Cases cited35 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- In Re Busy Beaver Building Centers, Inc. Kirkpatrick & LockhartCourt of Appeals for the Third Circuit · 1994
- In Re G.S.F. CORPORATION, Debtor, Chase Commercial Corporation, AppellantCourt of Appeals for the First Circuit · 1991
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3Cited by5 opinions
- Lamanna v. EFS Services, Inc. (In Re Lamanna)United States Bankruptcy Court, D. Rhode Island · 2002
- Carroll v. Rafael Galleries, Inc. (In Re Altman)District Court, D. Connecticut · 2000
- Acropolis Enterprises, Inc. v. C.R. Amusements, LLC (In Re C.R. Amusements, LLC)United States Bankruptcy Court, D. Rhode Island · 2001
- Morrison v. Fleetwood Homes of Georgia (In Re Morrison)United States Bankruptcy Court, S.D. Georgia · 2000
- Marguerite PotterUnited States Bankruptcy Court, D. New Jersey · 2021