Legal Opinion

Matter of Nikron, Inc.

United States Bankruptcy Court, E.D. Michigan

Decided February 22, 1983No. 19-41328PublishedCited by 52 opinions

1Opinion of the Court

OPINION

GEORGE BRODY, Bankruptcy Judge.

This case raises questions of paramount importance in the administration of chapter 11 cases — namely, whether a bankruptcy judge on his own motion has sua sponte power to convert a chapter 11 case to a chapter 7 case and what limits there are, if any, as to the availability of chapter 11 as a vehicle for liquidation.

Nikron, Inc., owned and operated a theater. In December of 1981, it sold the theater for $131,000. After deducting taxes, commissions, and closing costs, the net amount due the debtor was $98,500, which was to be paid by the purchaser at the…

2Cases cited9 opinions

Montclair v. RamsdellSupreme Court of the United States · 1883
Fidelity Assurance Assn. v. SimsSupreme Court of the United States · 1943
Arthur C. Payne, Cross-Appellee v. Panama Canal Company, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1979
In Re Nite Lite InnsUnited States Bankruptcy Court, S.D. California · 1982
In Re G-2 Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1980

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

3Cited by52 opinions

In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983
Furness v. LilienfieldDistrict Court, D. Maryland · 1983
In Re Future Energy Corp.United States Bankruptcy Court, S.D. Ohio · 1988
In Re Zelda Moog, Debtor-AppellantCourt of Appeals for the Eleventh Circuit · 1985

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