Legal Opinion

Himmelspach v. Railcar Specialties, Inc. (In Re R.C.S. Engineered Products Co.)

United States Bankruptcy Court, E.D. Michigan

Decided May 31, 1994No. 19-42802PublishedCited by 25 opinions

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

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  3. Retired Chicago Police Ass'n v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1993
  4. 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
  5. 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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3Cited by25 opinions

  1. Limor v. Buerger (In Re Del-Met Corp.)United States Bankruptcy Court, M.D. Tennessee · 2005
  2. James P. Barkman, Inc. v. Granger Construction Co. (In Re James P. Barkman, Inc.)United States Bankruptcy Court, E.D. Michigan · 1994
  3. Leslie v. Leslie (In Re Leslie)United States Bankruptcy Court, N.D. Ohio · 1995
  4. In re: B & P Baird Holdings, Inc.United States Bankruptcy Court, W.D. Michigan · 2011
  5. JEFF A. MOYER v. DAVID KOOISTRA, NICOLE M. KOOISTRAUnited States Bankruptcy Court, W.D. Michigan · 2012

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