Legal Opinion
Cavanaugh v. Zimmerman (In re Linc Capital, Inc.)
United States Bankruptcy Court, N.D. Illinois
Decided August 4, 2003No. Bankruptcy No. 01 B 03320; Adversary No. 02 A 01239PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION ON DEFENDANT CHARLES J. ASCHAUER’S MOTION TO VACATE ORDERS
JACK B. SCHMETTERER, Bankruptcy Judge.
BACKGROUND HISTORY
Defendant Charles J. Aschauer (“Aschauer”) was a director of the Debtor. Patrick Cavanaugh (“Plaintiff’) is the Estate Representative authorized under the confirmed Chapter 11 Plan to pursue claims on behalf of creditors of the estate.
The Debtor’s Chapter 11 confirmed Plan fixed July 22, 2002, as the deadline for Plaintiff to file any claims against directors of the debtor (“D & 0 claims bar date”). The parties agree that confirmation of the Plan fixed that date…
2Cases cited9 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Pepper v. LittonSupreme Court of the United States · 1939
- Bank Leumi Le-Israel, B.M., a Foreign Corporation v. Dennis Lee, an IndividualCourt of Appeals for the Seventh Circuit · 1991
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- Bartman v. Allis-Chalmers Corp.Court of Appeals for the Seventh Circuit · 1986
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3Cited by1 opinion
- Cavanaugh v. Zimmerman (Linc Capital, Inc.)United States Bankruptcy Court, N.D. Illinois · 2004