Himmelspach v. Railcar Specialties, Inc. (In Re R.C.S. Engineered Products Co.)
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
OPINION REGARDING STANDING TO BRING ALTER EGO ACTION
ARTHUR J. SPECTOR, Bankruptcy Judge.
On June 26, 1991, an involuntary petition for relief under chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., was filed against R.C.S. Engineered Products Company. One of the petitioning creditors was Spartan Tube & Steel, Inc. Rather than responding to the petition as such, the Debt- or filed its own petition for relief under chapter 7 on July 22, 1991. The Court deemed this latter petition to be in essence a motion to convert the involuntary proceeding to a voluntary one, and entered an order…
2Cases cited68 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
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- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- Dana Leigh Thompson v. County of Franklin, William A. Hughes, Treasurer of Franklin CountyCourt of Appeals for the Second Circuit · 1994
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