Legal Opinion
Matter of Searles Castle Enterprises, Inc.
United States Bankruptcy Court, D. Massachusetts
Decided June 29, 1981No. 19-01017PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PAUL W. GLENNON, Bankruptcy Judge.
On March 6, 1981, Searles Castle Enterprises, Inc. (the “Debtor”) filed a Petition for Relief pursuant to Chapter 11 of the New Bankruptcy Code. 11 U.S.C. §§ 1101, et seq. Pursuant to § 1101, a Chapter 11 debtor means a “debtor in possession” and, as such, it has all the rights and powers, and shall perform all the functions and duties of a trustee in bankruptcy. See 11 U.S.C. §§ 1107, 1106 and 704.
On June 16, 1981, the Debtor filed an Application for Authority to Sell Real and Personal Property Free and Clear of Liens and Encumberances.…
2Cases cited3 opinions
- Central Hanover Bank & Trust Co. v. President & Directors of Manhattan Co.Court of Appeals for the Second Circuit · 1939
- In Re Los Angeles Lumber Products Co.District Court, S.D. California · 1941
- In Re Los Angeles Lumber Products Co.District Court, S.D. California · 1941
3Cited by5 opinions
- In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
- In Re Leisure Dynamics, Inc.District Court, D. Minnesota · 1983
- In Re Leisure DynamicsDistrict Court, D. Minnesota · 1983
- Central States Southeast & Southwest Areas Health & Welfare & Pension Funds v. Columbia Motor Express, Inc. (In Re Columbia Motor Express, Inc.)District Court, M.D. Tennessee · 1983
- In Re Searles Castle Enterprises, Inc.Bankruptcy Appellate Panel of the First Circuit · 1982