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Legal Opinion

In Re: Consolidated Industries Corp., Debtor. Enodis Corporation v. Employers Insurance of Wausau

Court of Appeals for the Seventh Circuit

Decided March 9, 2004No. 02-4030PublishedCited by 48 opinions

1Opinion of the Court

ILANA DIAMOND ROVNER, Circuit Judge.

This case presents the odd situation of one party suing another for contempt of a bankruptcy court order to which neither was a party. Because we do not believe that appellant Enodis is the proper party to raise a contempt claim and we further do not believe that appellee Wausau acted in contempt of the order, we affirm the dismissal of Enodis’s adversary complaint.

I

The debtor in this Chapter 7 case is Consolidated Industries, Corp., a manufacturer of residential furnaces. Enodis owned Consolidated until it sold the debtor to William Hall in 1998. Under the…

2Cases cited6 opinions

  1. Richard M. Fogel, as Trustee for the Estate of Madison Management Group, Inc. v. Samuel Zell, Appeal of City and County of DenverCourt of Appeals for the Seventh Circuit · 2000
  2. In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, InterveningCourt of Appeals for the Seventh Circuit · 1990
  3. D. Patrick, Inc., an Indiana Corporation v. Ford Motor Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993
  4. International Marketing, Limited v. Archer-Daniels-Midland Company, Inc., and Swift-Eckrich, Inc.Court of Appeals for the Seventh Circuit · 1999
  5. In Re Marrs-Winn Company, Inc., Debtor. Marrs-Winn Company, Inc. And J.S. Alberici Construction Company, Inc. v. Giberson Electric, Inc.Court of Appeals for the Seventh Circuit · 1996

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3Cited by48 opinions

  1. In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc.Court of Appeals for the Eleventh Circuit · 2005
  2. Zedan v. HabashCourt of Appeals for the Seventh Circuit · 2008
  3. Harlan v. Rosenberg & Associates, LLC (In Re Harlan)United States Bankruptcy Court, W.D. Virginia · 2009
  4. Gecker v. Estate of Flynn (In re Emerald Casino, Inc.)Court of Appeals for the Seventh Circuit · 2017
  5. Official Committee of Unsecured Creditors of SGK Ventures, LLC v. NewKey Group, LLC (In re SGK Ventures, LLC)United States Bankruptcy Court, N.D. Illinois · 2014

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