Legal Opinion
Fuel Oil Supply & Terminaling v. Gulf Oil Corp.
Court of Appeals for the Fifth Circuit
Decided June 17, 1985No. 84-2464PublishedCited by 34 opinions
1Opinion of the Court
GEE, Circuit Judge:
This case requires us to determine whether a creditors committee has an absolute statutory right to intervene in a bankruptcy adversary proceeding.* We hold that the committee has no such statutory right, but we remand the case to the district court to determine whether another basis may exist for the committee to intervene.
I
The facts of this case are simple and undisputed. The Official Creditors Committee of Fuel Oil Supply & Terminaling, Inc. (the “Creditors Committee”) initiated a bankruptcy adversary proceeding to set aside a preferential transfer. The bankruptcy court…
2Cases cited13 opinions
- United States v. Allegheny-Ludlum Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Marin Motor Oil, Inc. v. MichaelsCourt of Appeals for the Third Circuit · 1982
- Official Committee of Unsecured Creditors of Joyanna Holitogs, Inc. v. I. Hyman Corp. (In Re Joyanna Holitogs, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- Unsecured Creditors' Committee v. Farmers Savings Bank (In Re Toledo Equipment Co.)United States Bankruptcy Court, N.D. Ohio · 1983
- Creditors' Committee for Jermoo's Inc. v. Jermoo's Inc. (In Re Jermoo's Inc.)United States Bankruptcy Court, W.D. Wisconsin · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re Christina Thompson, Debtor. Sanford A. Kowal v. Charles M. MalkemusCourt of Appeals for the First Circuit · 1992
- Fuel Oil Supply And Terminaling v. Gulf Oil CorporationCourt of Appeals for the Third Circuit · 1985
- Deak & Co. v. Soedjono (In Re Deak & Co.)United States Bankruptcy Court, S.D. New York · 1986
- Sarah R. Neuman Foundation, Inc. v. Garrity (In Re Neuman)District Court, S.D. New York · 1991
- In Re The Caldor CorporationCourt of Appeals for the Second Circuit · 2002
29 more not listed; retrieve them via the Exa API.