Legal Opinion

Unsecured Creditors Committee of Debtor v. Noyes (In Re STN Enterprises, Inc.)

United States Bankruptcy Court, D. Vermont

Decided May 7, 1987No. 04-11075PublishedCited by 32 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DETERMINING JURISDICTION AND DENIAL OF MOTION TO DISMISS

FRANCIS G. CONRAD, Bankruptcy Judge.

INTRODUCTION

This proceeding was remanded by the Second Circuit to the United States District Court, Franklin S. Billings, Jr., Judge, on December 26, 1985. Judge Billings then entered an “ORDER OF REFERRAL” on February 10, 1986, to this Court. 2

On remand, the Second Circuit instructed, inter alia, this Court 3 to make a threshold inquiry as to whether the Unsecured Creditors Committee, (hereinafter referred to as Committee):

“[Presents a colorable claim or claims for relief…

2Cases cited84 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Bell v. HoodSupreme Court of the United States · 1946
  5. United States v. RaddatzSupreme Court of the United States · 1980

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3Cited by32 opinions

  1. Beneficial National Bank USA v. Best Receptions Systems, Inc. (In Re Best Reception Systems, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1998
  2. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
  3. United Security & Communications, Inc. v. Rite Aid Corp. (In Re United Security & Communications, Inc.)United States Bankruptcy Court, S.D. Ohio · 1988
  4. Commercial Heat Treating of Dayton, Inc. v. Atlas Industries, Inc. (In Re Commercial Heat Treating of Dayton, Inc.)United States Bankruptcy Court, S.D. Ohio · 1987
  5. Carr v. Michigan Real Estate Insurance Trust (In Re Michigan Real Estate Insurance Trust)District Court, E.D. Michigan · 1988

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