Legal Opinion

In Re Daily Corp.

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 17, 1987No. 19-10870PublishedCited by 23 opinions

1Opinion of the Court

OPINION

BRUCE FOX, Bankruptcy Judge:

At issue before me is the power of this court to dismiss a chapter 11 bankruptcy case sua sponte. The debtor argues that this court does not have any power to act pursuant to 11 U.S.C. § 1112(b) and that the recent amendment to 11 U.S.C. § 105(a) is not yet effective in this district. Thus, the debtor asserts that I am without any authority to act on my own motion.

I

On January 20, 1986, this debtor filed a voluntary petition in bankruptcy under chapter 11. A committee of unsecured creditors was then appointed under 11 U.S.C. § 1102 which retained counsel as…

2Cases cited31 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  4. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  5. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981

26 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Dubin v. Jakobowski (In Re Stephen W. Grosse, P.C.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. In Re FrickerUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. Steinman v. Spencer (In Re Argus Group 1700, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  4. Matter of Mother Hubbard, Inc.United States Bankruptcy Court, W.D. Michigan · 1993
  5. In Re GellerUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API