Legal Opinion
Canadian Pacific Forest Products Ltd. v. J.D. Irving, Ltd. (In re Gibson Group, Inc.)
Court of Appeals for the Sixth Circuit
Decided September 28, 1995No. 94-3567PublishedCited by 40 opinions
1Opinion of the Court
BOYCE F. MARTIN, Jr., Circuit Judge.
This appeal addresses the question of whether Congress intended to confer exclusive authority to file an action to avoid preferential or fraudulent transfers, pursuant to 11 U.S.C. §§ 547 and 548, on a trustee or debtor-in-possession, or whether a creditor might have standing to file such an action. Specifically, we must decide whether Canadian Pacific Forest Products Limited has standing to file an action to avoid allegedly preferential and fraudulent transfers made by the debtor-in-possession, The Gibson Group, Inc. The bankruptcy court dismissed Canadian…
2Cases cited14 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- White Motor Corporation, Debtor and Debtor in Possession v. Citibank, N.A. And the Other Bank Creditors Listed on Exhibit 1Court of Appeals for the Sixth Circuit · 1983
- Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- In the Matter of Xonics Photochemical, Inc., Debtor. Appeal of Mitsui and Company (u.s.a.), IncCourt of Appeals for the Seventh Circuit · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Corp. v. ChineryCourt of Appeals for the Third Circuit · 2003
- In Re: Cybergenics Corporation, Debtor the Official Committee of Unsecured Creditors of Cybergenics Corporation, on Behalf of Cybergenics Corporation, Debtor in Possession v. Scott Chinery L&s Research Corporation First Union National Bank of North Carolina Banque Indosuez Sunamerica Life Insurance Company Lincolnshire Management Inc Lincolnshire Equity Fund, L.PCourt of Appeals for the First Circuit · 2000
- In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. AlvarezCourt of Appeals for the Eleventh Circuit · 2000
- PW Enterprises, Inc. v. North Dakota Racing CommissionCourt of Appeals for the Eighth Circuit · 2008
- In Re Gibson Group, Inc.Court of Appeals for the Sixth Circuit · 1995
35 more not listed; retrieve them via the Exa API.