Legal Opinion
Matter of Noonan
United States Bankruptcy Court, S.D. New York
Decided February 22, 1982No. 17-35207PublishedCited by 40 opinions
1Opinion of the Court
OPINION
ROY BABITT, Bankruptcy Judge:
On its motion to convert the debtor’s voluntary chapter 7 case to an involuntary chapter 11 case, 1 the moving creditor invites this court to come up with a square holding in its favor on nice, round, undisputed facts. The court must decline the invitation and rule for the debtor as a round hole cannot accept the square peg which sets this case apart from others fitting more snugly into the statutory scheme. That uniqueness is based on who the debtor is, who the creditor is, what it wants from the debtor, and how it can go about getting it!
The controlling…
2Cases cited14 opinions
- Perez. v. CampbellSupreme Court of the United States · 1971
- Powell v. United States Cartridge Co.Supreme Court of the United States · 1950
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Perez v. BrownellSupreme Court of the United States · 1958
- American Broadcasting Companies, Inc. v. WolfNew York Court of Appeals · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Edward R. Fitzsimmons, Debtor. Edward R. Fitzsimmons v. Edward M. Walsh, Trustee, and Official Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1984
- In the Matter of James Taylor, Debtor. Delightful Music Ltd. v. James TaylorCourt of Appeals for the Third Circuit · 1990
- Lombard-Wall Inc. v. New York City Housing Development Corp. (In Re Lombard-Wall Inc.)District Court, S.D. New York · 1985
- In Re CooleyUnited States Bankruptcy Court, S.D. Texas · 1988
- In Re CarrereUnited States Bankruptcy Court, C.D. California · 1986
35 more not listed; retrieve them via the Exa API.