Legal Opinion
In Re Mortgage & Realty Trust
United States Bankruptcy Court, C.D. California
Decided March 29, 1991No. Bankruptcy 90-08976-SBPublishedCited by 7 opinions
1Opinion of the Court
OPINION ON CERTIFICATION OF CLASS AND VOTING ON BEHALF OF MEMBERS OF CLASS
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. INTRODUCTION
The motions before the Court raise two issues related to the application of Bankruptcy Rule 7023 to a class proof of claim. The first issue is whether the class should be certified on the class proof of claim filed in this case on behalf of certain securities purchasers. The second issue is whether class action representatives may vote for acceptance or rejection of the Chapter 11 plan on behalf of the members of a certified class.
The Court holds that it has discretion…
2Cases cited13 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Reliable Electric Co., Inc. v. Olson Construction CompanyCourt of Appeals for the Tenth Circuit · 1984
- In the Matter of American Reserve Corporation, Debtor. Appeal of Clear and Doris Elaine HuddlestonCourt of Appeals for the Seventh Circuit · 1988
- Patrick T. Reid v. White Motor Corporation John T. Grigsby, Jr., Disposition Assets Trustee for White Motor CorporationCourt of Appeals for the Sixth Circuit · 1989
- In Re Standard Metals CorporationCourt of Appeals for the Tenth Circuit · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re American Family EnterprisesDistrict Court, D. New Jersey · 2000
- In Re Woodward & Lothrop Holdings, Inc.United States Bankruptcy Court, S.D. New York · 1997
- In Re Frascella Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2007
- Birting Fisheries, Inc. v. Lane (In re Birting Fisheries, Inc.)District Court, W.D. Washington · 1995
- In Re CommonPoint Mortgage Co.United States Bankruptcy Court, W.D. Michigan · 2002
2 more not listed; retrieve them via the Exa API.