Legal Opinion

In Re Curlew Valley Associates

United States Bankruptcy Court, D. Utah

Decided October 8, 1981No. 19-20995PublishedCited by 61 opinions

1Opinion of the Court

MEMORANDUM DECISION ON JUDICIAL SUPERINTENDENCE, TERMINATION, AND REPLACEMENT OF A TRUSTEE UNDER CHAPTER 11

RALPH R. MABEY, Bankruptcy Judge.

INTRODUCTION

This case raises the issues whether a mistake in business judgment by a trustee appointed under Section 1104(a)(1) 1 justifies either judicial interference with his conduct under Section 1108 or his termination and replacement under Section 1105.

Debtor, an agribusiness, owns a 24,000 acre farm in northern Utah and southern Idaho. Its principal crops are alfalfa hay, alfalfa seed, barley, and wheat. It filed a petition under Chapter 11 in May,…

2Cases cited5 opinions

  1. Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.)United States Bankruptcy Court, D. Utah · 1981
  2. Sherr v. WinklerCourt of Appeals for the Tenth Circuit · 1977
  3. In Re Garland Corp., Bankruptcy Appellate Panel of Massachusetts1980
  4. In Re Blanton Smith Corp.United States Bankruptcy Court, M.D. Tennessee · 1980
  5. In Re Eastern Consolidated Utilities, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1980

3Cited by61 opinions

  1. Richmond Leasing Co. v. Capital Bank, N.A.Court of Appeals for the Fifth Circuit · 1985
  2. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  3. Committee of Asbestos-Related Litigants and/or Creditors v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1986
  4. Continental Air Lines, Inc. v. Hillblom (In Re Continental Air Lines, Inc.)District Court, S.D. Texas · 1986
  5. In Re CallisterUnited States Bankruptcy Court, D. Utah · 1981

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