Legal Opinion

Johnston v. JEM Development Co. (In Re Johnston)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 16, 1992No. BAP No. NV-90-1789-ARP, Bankruptcy No. BK-S 90-01317-RCJPublishedCited by 33 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

John Luther Johnston appeals an order of the bankruptcy court for conversion from a Chapter 11 bankruptcy case to one under Chapter 7 based on the inability of the debtor to propose an effective plan of reorganization. We affirm.

STATEMENT OF THE FACTS

The debtor John Johnston owned a trucking and hauling company. In 1986 Johnston sold his business to his nephew Bradley Enright and Neal McFarland, both of whom were in the employ of Johnston prior to the sale, and Jem Development Company, a corporation created by Enright and McFarland. The terms of sale were set…

2Cases cited13 opinions

  1. In Re Abijoe Realty Corporation, Debtor, in Re Abijoe Realty Corporation, Debtor, Aleli Corporation, CreditorsCourt of Appeals for the First Circuit · 1991
  2. In Re Economy Cab & Tool Co., Inc.United States Bankruptcy Court, D. Minnesota · 1984
  3. Warner v. Universal Guardian Corp. (In Re Warner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  4. In Re Tiana Queen Motel, Inc., Todem Homes, Inc., Anthony Demarco, Debtors. A. Illum Hansen, Inc. v. Tiana Queen Motel, Inc., Todem Homes, Inc., Anthony Demarco, Defendants- in Re Petition for Writ of Mandamus. A. Illum Hansen, Inc., Stanley Weisz, Phyllis H. Weisz and Stanley Weisz, P.C. Retirement Plan v. Anthony DemarcoCourt of Appeals for the Second Circuit · 1984
  5. Stage I Land Co. v. United States Housing & Urban Development DepartmentDistrict Court, D. Minnesota · 1986

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3Cited by33 opinions

  1. Beatty v. Traub (In Re Beatty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. Allustiarte v. United StatesCourt of Appeals for the Federal Circuit · 2001
  3. In Re Landmark Atlantic Hess Farm, LLCUnited States Bankruptcy Court, D. Maryland · 2011
  4. Allustiarte v. United StatesCourt of Appeals for the Federal Circuit · 2001
  5. In Re De La SalleUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011

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

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