Legal Opinion
C.W. Mining Co. v. Aquila, Inc. (In Re C.W. Mining Co.)
Court of Appeals for the Tenth Circuit
Decided February 14, 2011No. 10-4023, 10-4033PublishedCited by 31 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
C.W. Mining Corporation (“C.W.”) is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were “qualifying creditors” as required to trigger involuntary bankruptcy. C.W.’s former managers (“the Managers”), 1 purporting to act on C.W.’s behalf, appealed the grant of summary judgment to the Tenth Circuit Bankruptcy Appellate Panel (“BAP”), which affirmed.
A threshold question before the BAP was whether the Managers could bring C.W.’s appeal over the Chapter 7…
2Cases cited22 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Northeastern Florida Chapter of the Associated General Contractors of America v. City of JacksonvilleSupreme Court of the United States · 1993
- Katchen v. LandySupreme Court of the United States · 1966
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819
17 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Kline v. Deutsche Bank National Trust Co. (In re Kline)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Mitchell v. Wells Fargo BankDistrict Court, D. Utah · 2017
- HealthTrio, Inc. v. Centennial River Corp. (In Re Healthrio, Inc.)Court of Appeals for the Tenth Circuit · 2011
- In re WestbyUnited States Bankruptcy Court, D. Kansas · 2012
26 more not listed; retrieve them via the Exa API.