Legal Opinion
Braunstein v. McCabe
Court of Appeals for the First Circuit
Decided June 26, 2009No. 08-1690, 08-1691PublishedCited by 72 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This appeal requires us to address several issues of first impression in bankruptcy law in this circuit. The first is whether there is a jury trial right under the Seventh Amendment in actions by trustees to compel the turnover of property to the estate under 11 U.S.C. § 542. The second concerns what is meant by the “ordinary course of business” of a debtor for purposes of 11 U.S.C. § 363, which allows trustees to make ordinary expenditures necessary for the operation of a business without involvement of the bankruptcy court. The third concerns whether a cause of action for…
2Cases cited54 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Pepper v. LittonSupreme Court of the United States · 1939
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
49 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Perry v. BlumCourt of Appeals for the First Circuit · 2010
- Fire and Police Pension Assoc v. Abiomed, Inc.Court of Appeals for the First Circuit · 2015
- Ryerson Inc. v. Federal InsuranceCourt of Appeals for the Seventh Circuit · 2012
- Harbor Houses Condominium Ass'n v. IDC Clambakes, Inc.Court of Appeals for the First Circuit · 2013
- Bronsdon v. Educational Credit Management Corp. (In Re Bronsdon)Bankruptcy Appellate Panel of the First Circuit · 2010
67 more not listed; retrieve them via the Exa API.