Legal Opinion

United Surety & Indemnity Co. v. López-Muñoz (In re López-Muñoz)

Bankruptcy Appellate Panel of the First Circuit

Decided July 28, 2016No. BAP NO. PR 16-011; Bankruptcy Case No. 13-08171-EAGPublishedCited by 3 opinions

1Opinion of the Court

Finkle, U.S. Bankruptcy Appellate Panel Judge.

United Surety & Indemnity Company (“USIC”) appeals from the bankruptcy court’s January 15, 2016 order denying its motion to appoint a chapter 11 trustee under § 1104.1 For the reasons set forth below, we AFFIRM the ruling of the bankruptcy court.

*182 BACKGROUND

I. Pre-Bankruptcy Events

Over 30 years ago, Pedro López-Muñoz (the “Debtor”) and his now ex-spouse incorporated Western Petroleum Enterprises Inc. (“Western Petroleum”), to engage in the sale and distribution of petroleum products and derivatives. The Debtor owns 50% of the shares of this…

2Cases cited32 opinions

  1. Husky International Electronics, Inc. v. RitzSupreme Court of the United States · 2016
  2. In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
  3. Groman v. Watman (In Re Watman)Court of Appeals for the First Circuit · 2002
  4. Rosario-Urdaz v. Rivera-HernandezCourt of Appeals for the First Circuit · 2003
  5. Lessard v. Wilton-Lyndeborough Cooperative School DistrictCourt of Appeals for the First Circuit · 2010

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3Cited by3 opinions

  1. United Surety & Indemnity Co. v. López-Muñoz (In re López-Muñoz)Court of Appeals for the First Circuit · 2017
  2. In re: Sparhawk LLC, Sparhawk Properties LLC, Sparhawk Trucking, Inc., and Sparhawk Truck and Trailer, Inc.United States Bankruptcy Court, W.D. Wisconsin · 2026
  3. United Sur. & Indem. Co. v. Lopez-MunozCourt of Appeals for the First Circuit · 2017

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