Legal Opinion

Captain Blythers, Inc. v. Thompson (In Re Captain Blythers, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 18, 2004No. BAP No. NC-03-1372-BAP. Bankruptcy No. 98-45385-JT. Adversary No. 02-7171PublishedCited by 20 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

Reorganized debtor Captain Blythers, Inc., operated under its confirmed chapter 11 2 plan for a considerable period. In addition to providing for ongoing operation, its plan called for continuing litigation of a major claim against its landlord, and application of any recovery to payment of creditors. Ultimately concluding that it could not continue to operate, Captain Blythers sold its other assets. Thereafter, the case was converted to chapter 7, and the trustee filed an adversary proceeding against debtor to determine the estate’s rights to the prepetition…

2Cases cited26 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
  3. In Re Continental Airlines, Inc., Debtor. Eastern Pilots Merger Committee v. Continental Airlines, Inc., Patricia A. Staiano, TrusteeCourt of Appeals for the Third Circuit · 2002
  4. Southwest Marine Incorporated v. Richard Danzig 1 , Secretary of the NavyCourt of Appeals for the Ninth Circuit · 2000
  5. Ponder v. Blue Cross of Southern CaliforniaCalifornia Court of Appeal · 1983

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3Cited by20 opinions

  1. Wall Street Plaza v. JSJF Corp. (In Re JSJF Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. Allana Baroni v. David SerorCourt of Appeals for the Ninth Circuit · 2022
  3. In Re St. Marie Development Corporation of Montana, Inc.United States Bankruptcy Court, D. Montana · 2005
  4. Captain Blythers, Inc. v. ThompsonCourt of Appeals for the Ninth Circuit · 2006
  5. In Re WalkerUnited States Bankruptcy Court, D. Nevada · 2005

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