Legal Opinion
In Re Plaza De Diego Shopping Center, Inc., Debtor. Appeal of Robert L. Coley, Esquire. In Re Petition of Robert L. Coley, Etc
Court of Appeals for the First Circuit
Decided August 14, 1990No. 90-1038, 90-1163PublishedCited by 83 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Circuit Judge.
The United States Trustee (“U.S. Trustee”) has appealed from an order of the District Court for the District of Puerto Rico appointing a trustee in bankruptcy for the Plaza de Diego Shopping Center, Inc. (“Plaza”), which had filed for bankruptcy under Chapter 11 of the Bankruptcy Code. The U.S. Trustee alleges that the district court acted ultra vires in making this appointment because under the statute, 11 U.S.C. § 1104(c), the power to appoint trustees in bankruptcy is vested solely in the U.S. Trustee. As we agree that the district court exceeded its…
2Cases cited29 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Will v. United StatesSupreme Court of the United States · 1967
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
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3Cited by83 opinions
- In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998
- In Re Spm Manufacturing CorporationCourt of Appeals for the First Circuit · 1993
- Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
- In Re Vernon Lee Finney, Debtor. Vernon Lee Finney v. Alexander Pierce Smith, TrusteeCourt of Appeals for the Fourth Circuit · 1993
- Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
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