Legal Opinion

In Re: American Preferred Prescription, Inc., Debtor. Kenneth P. Silverman, Esq., Trustee-Appellant v. Tracar, S.A.

Court of Appeals for the Second Circuit

Decided June 28, 2001No. 2000PublishedCited by 59 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This appeal concerns the narrow issue of whether, in a Chapter 11 reorganization proceeding, a creditor who fails to appeal a post-confirmation order appointing a trustee is precluded from challenging the trustee’s appointment when the trustee subsequently obtains an order affecting the creditor’s interests. This issue arises on an appeal by Kenneth P. Silverman, trustee for the debtor American Preferred Prescription (“APP”) from the September 26, 2000, order of the District Court for the Eastern District of New York (Denis R. Hurley, District Judge) reversing an…

2Cases cited27 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  5. In Re: Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co., Debtor-Appellant v. Shell Oil Co. And Scallop Petroleum Co.Court of Appeals for the Second Circuit · 2000

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3Cited by59 opinions

  1. United States v. BondCourt of Appeals for the Second Circuit · 2014
  2. Adelphia Recovery Trust v. HSBC Bank USA, National Ass'nCourt of Appeals for the Second Circuit · 2011
  3. ASM Capital, LP v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)Court of Appeals for the Second Circuit · 2009
  4. In Re Oneida Ltd.United States Bankruptcy Court, S.D. New York · 2009
  5. Providence Hall Associates Ltd. Partnership v. Wells Fargo Bank, N.A.Court of Appeals for the Fourth Circuit · 2016

54 more not listed; retrieve them via the Exa API.

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