Legal Opinion

Ernst & Young, LLP v. Gregg Pritchard (In Re Daisytek, Inc.)

United States Bankruptcy Court, N.D. Texas

Decided April 11, 2005No. 19-40801PublishedCited by 5 opinions

1Opinion of the Court

FITZWATER, District Judge.

In this appeal from a bankruptcy court order authorizing a post-confirmation creditors’ trust to conduct a Fed. R. Bank. P.2004 examination, the court must decide whether the bankruptcy court erred when it authorized the examination without ade quately considering whether to give effect to contractual arbitration clauses that restrict discovery. Concluding that it did, the court vacates the order and remands for further proceedings.

I

In 2003 several related companies (collectively, “Daisytek”) filed chapter 11 bankruptcy petitions. In March 2004 the bankruptcy court…

2Cases cited16 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Bank of Louisiana v. Craig's Stores of Texas, Inc.Court of Appeals for the Fifth Circuit · 2001
  3. U.S. Brass Corp. v. Travelers Insurance Group, Inc.Court of Appeals for the Fifth Circuit · 2002
  4. In Re United States Lines, Inc.Court of Appeals for the Second Circuit · 1999
  5. Matter of National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2016
  2. In re Platinum Partners Value Arbitrage Fund L.P.United States Bankruptcy Court, S.D. New York · 2018
  3. In Re New Century TRS Holdings, Inc.United States Bankruptcy Court, D. Delaware · 2009
  4. In Re Friedman's, Inc.United States Bankruptcy Court, S.D. Georgia · 2005
  5. Highland Capital Management, L.P.United States Bankruptcy Court, N.D. Texas · 2022

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