Legal Opinion

Official Unsecured Creditors' Committee v. Michaels

Court of Appeals for the Third Circuit

Decided September 29, 1982No. Nos. 81-3083, 81-3084PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are called upon in this appeal to determine whether a creditors’ committee in a bankruptcy reorganization has the right to intervene in adversary proceedings instituted by a trustee. We first decide that we have jurisdiction under 28 U.S.C. § 1293(b) to address this issue at this stage of the litigation, and then proceed to ascertain that under the applicable section of the Bankruptcy Code, 11 U.S.C. § 1109(b), a creditors’ committee has a right to intervene, a right that is not satisfied by participation as a mere amicus curiae. Accordingly we…

2Cases cited22 opinions

  1. Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
  2. Donaldson v. United StatesSupreme Court of the United States · 1971
  3. Knetsch v. United StatesSupreme Court of the United States · 1960
  4. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  5. Bachowski v. UseryCourt of Appeals for the Third Circuit · 1976

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3Cited by6 opinions

  1. Marin Motor Oil, Inc. v. MichaelsCourt of Appeals for the Third Circuit · 1982
  2. In Re PorterCourt of Appeals for the Third Circuit · 1992
  3. Smart World Technologies, LLC v. Juno Online Services, Inc. (In re Smart World Technologies, LLC)Court of Appeals for the Second Circuit · 2005
  4. Longfellow Industries, Inc. v. Blumberg (In Re Longfellow Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1987
  5. Term Loan Holder Committee v. Ozer Group, L.L.C. (In re Caldor Corp.)Court of Appeals for the Second Circuit · 2002

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