Legal Opinion
Rooney v. Thorson
Court of Appeals for the Second Circuit
Decided April 7, 2000No. Docket No. 99-5041PublishedCited by 1 opinion
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) affirming the dismissal by the Bankruptcy Court (Burton R. Lifland, then Chief Bankruptcy Judge) of an adversary proceeding initiated by a Chapter 11 debtor, Dawnwood Properties (“Dawn-wood”), and John P. Rooney, an attorney who owns 95% of Dawnwood’s equity and serves as Dawnwood’s counsel in the instant action. We conclude that dismissal was proper because, under 11 U.S.C. § 323(b),1 only the trustee appointed to manage the…
2Cases cited8 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- In Re: Robert E. Casse, Debtor Robert E. Casse, Debtor-Appellant v. Key Bank National Association, Creditor-AppelleeCourt of Appeals for the Second Circuit · 1999
- Charles W. Bauer, Jr. And Nellie P. Bauer, Robert H. Waldschmidt, Trustee v. Commerce Union Bank, Clarksville, Tennessee and Kenneth C. BainesCourt of Appeals for the Sixth Circuit · 1988
- Santulli v. Englert, Reilly & McHugh, P. C.New York Court of Appeals · 1992
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Dawnwood Properties/78Court of Appeals for the Second Circuit · 2000