Legal Opinion

In Re Buda

United States Bankruptcy Court, E.D. Tennessee

Decided July 20, 2000No. 00-32317PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ON MOTION TO DISMISS CASE

RICHARD S. STAIR, Jr., Chief Judge.

Before the court is the Motion by Creditor to Dismiss Case filed June 22, 2000, by Fred M. Holt. The Debtors’ Chapter 11 petition was filed on their behalf on June 12, 2000, by their Co-Conservators who were appointed by the Chancery Court for Sevier County, Tennessee, on July 30, 1999. 1 Mr. Holt seeks dismissal of the Debtors’ case on the ground that the conservators lack the authority to file a bankruptcy petition or serve as debtors in possession. In the alternative, he asks the court to appoint a trustee pursuant to…

2Cases cited16 opinions

  1. Price v. GurneySupreme Court of the United States · 1945
  2. In Re Conservatorship of ClaytonCourt of Appeals of Tennessee · 1995
  3. In Re KirschnerUnited States Bankruptcy Court, E.D. New York · 1985
  4. Grahl v. DavisTennessee Supreme Court · 1998
  5. In Re ZawiszaUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

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3Cited by1 opinion

  1. In re MatthewsUnited States Bankruptcy Court, N.D. Texas · 2014

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