Legal Opinion
In Re Win Trucking, Inc.
United States Bankruptcy Court, D. Utah
Decided July 27, 1999No. 19-20682PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
JUDITH A. BOULDEN, Bankruptcy Judge.
No plan was filed within the 160-day time limit imposed by 11 U.S.C. § 1121(e) in this Chapter 11 case in which the debtor elected to be treated as a small business. The debtor eventually filed a plan, but not until in excess of 300 days after the order for relief had expired. Still later, the Debtor filed a withdrawal of its small business election in an attempt to rectify the untimely plan filing. The issue now presented is whether the late-filed plan may be confirmed, and the plan and plan proponent found to have satisfied…
2Cases cited24 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Field v. MansSupreme Court of the United States · 1995
- Cashner v. Freedom Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
- In Re Future Energy Corp.United States Bankruptcy Court, S.D. Ohio · 1988
- Woods v. KenanCourt of Appeals for the Tenth Circuit · 1999
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3Cited by5 opinions
- In Re FawsonUnited States Bankruptcy Court, D. Utah · 2006
- In Re WilkinsonUnited States Bankruptcy Court, D. Utah · 2006
- In Re SukmungsaUnited States Bankruptcy Court, D. Utah · 2005
- In Re Coleman Enterprises, Inc.United States Bankruptcy Court, D. Minnesota · 2001
- In Re BarnesUnited States Bankruptcy Court, D. Colorado · 2004