Legal Opinion
In Re Monterey Equities-Hillside
United States Bankruptcy Court, N.D. California
Decided April 6, 1987No. 19-30114PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELIZABETH L. PERRIS, Bankruptcy Judge.
This case raises the issue whether a receiver appointed by a state court to manage and control a limited partnership may commence a case under Chapter 11 (11 U.S.C. § 101 et seq.) for the partnership without the consent of the general partner. As more fully discussed below, the alleged general partner’s motion to dismiss will be denied because this Court finds that the receiver may commence such a case, but the filing must be treated as an involuntary petition pursuant to the provisions of § 303(b)(3). 1
FACTUAL AND PROCEDURAL BACKGROUND
Mo…
2Cases cited10 opinions
- Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
- Price v. GurneySupreme Court of the United States · 1945
- In Re Prudence Co.Court of Appeals for the Second Circuit · 1935
- In Re Dolton Lodge Trust No. 35188United States Bankruptcy Court, N.D. Illinois · 1982
- In Re Crescent Beach Inn, Inc.United States Bankruptcy Court, D. Maine · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re 1606 New Hampshire Avenue AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Matter of Giggles Restaurant, Inc.United States Bankruptcy Court, D. New Jersey · 1989
- In Re Century/ML Cable VentureUnited States Bankruptcy Court, S.D. New York · 2003
- In Re PickUnited States Bankruptcy Court, D. South Dakota · 1989
- In Re Bell Tower Associates, Ltd.United States Bankruptcy Court, S.D. New York · 1988
8 more not listed; retrieve them via the Exa API.