Legal Opinion
In Re Pure Penn Petroleum Co., Inc. In Re Sheehan
Court of Appeals for the Second Circuit
Decided May 9, 1951No. 21982_1PublishedCited by 26 opinions
1Opinion of the Court
FRANK, Circuit Judge.
Since appellant did not appeal from the order confirming the modified arrangement, we may not consider defects in that order, although it >vas more or less coupled *854with the order authorizing the sale.1 We turn, then, to the sale order.
Under Chapter XI, a sale of all the debtor’s assets may be authorized, pursuant to § 313(2), 11 U.S.C.A. § 713(2), only “upon cause shown”. This section is worded the same as § 116(3), 11 U.S.C.A. § 516(3), relative to such a sale in a Chapter X proceeding. It has been held that to prove “cause” for a sale under § 116(3) it is necessary to…
2Cases cited23 opinions
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Galpin v. PageSupreme Court of the United States · 1874
- Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Northwestern Fuel Co. v. BrockSupreme Court of the United States · 1891
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor-Appellee. Robert A. Fisher, Receiver v. City of Huntington Beach, a Municipal Corporation of the State of California and the Huntington Limited, a Limited Partnership, Dba the Sheraton Beach Inn, Dba Driftwood Beach Club, City of Huntington Beach, a Municipal Corporation of the State of California v. The Huntington Limited, a Limited Partnership, Dba Sheraton Beach Inn, Dba Driftwood Beach Club, Debtor, and Robert A. Fisher, Receiver, DefendantsCourt of Appeals for the Ninth Circuit · 1981
- In the Matters of Webcor, Inc., an Illinois Corporation, Bankrupt, Webcor Sales Company, a New Jersey Corporation, BankruptCourt of Appeals for the Seventh Circuit · 1968
- In Re Great American Pyramid Joint VentureUnited States Bankruptcy Court, W.D. Tennessee · 1992
- United Capital Corp. v. Sapolin Paints, Inc. (In Re Sapolin Paints, Inc.)United States Bankruptcy Court, E.D. New York · 1981
- Committee of Equity Security Holders v. Lionel Corp. (In re the Lionel Corp.)Court of Appeals for the Second Circuit · 1983
21 more not listed; retrieve them via the Exa API.