Legal Opinion
In Re Parr
District Court, E.D. New York
Decided December 17, 1979No. 79 C 3169PublishedCited by 5 opinions
1Opinion of the Court
COSTANTINO, District Judge.
This appeal from the Bankruptcy Court is related to a prior appeal, 79 C 2394, 3 B.R. 690. Flushing Savings Bank, a creditor to the bankruptcy estate, has appealed from an order of the Bankruptcy Court which appointed a trustee under 11 U.S.C. § 1104 sua sponte, and which retroactively applied the 1978 Bankruptcy Reform Act. (“New Bankruptcy Code”). The order is reversed.
First, 11 U.S.C. § 1104(a) provides that a trustee may be appointed only after a notice and hearing. Here, the Bankruptcy Court appointed a trustee without granting the creditors an opportunity to…
2Cases cited1 opinion
- In Re ParrDistrict Court, E.D. New York · 1979
3Cited by5 opinions
- Shapiro v. D. H. Overmyer Co. (In Re D. H. Overmyer Co.)United States Bankruptcy Court, S.D. New York · 1981
- In Re Clinton Centrifuge, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Matter of Lincoln Plaza Towers AssociatesUnited States Bankruptcy Court, S.D. New York · 1980
- In Re ParrUnited States Bankruptcy Court, E.D. New York · 1980
- Matter of Dynamite Food Enterprises, Inc.United States Bankruptcy Court, E.D. New York · 1981