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Legal Opinion

In Re Mechanical Maintenance, Inc.

District Court, E.D. Pennsylvania

Decided June 10, 1991No. Civ. A. 90-6758,. 90-6759; Bankruptcy 89-13935 SPublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

McGLYNN, District Judge.

These are consolidated appeals from an order of the bankruptcy court dismissing the Chapter 11 bankruptcy case of debtor Mechanical Maintenance, Inc. At issue is whether that court incorrectly interpreted section 1112(b) of the Bankruptcy Code and, if it did, whether the dismissal was consequently improper. Jurisdiction is based on 28 U.S.C. § 158(a). This court will reverse and remand with an order that the case be reinstated on the bankruptcy court’s docket and that the order dismissing the debtor’s petition be vacated.

I

As the operator of a…

2Cases cited33 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
  3. In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
  4. Jeffrey Raleigh Hall and Suzanne C. Hall v. Katheryn Vance, Assistant United States TrusteeCourt of Appeals for the Tenth Circuit · 1989
  5. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986

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3Cited by37 opinions

  1. Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
  2. In Re Orfa Corp. of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
  3. Rollex Corp. v. Associated Materials, Inc. (In re Superior Siding & Window, Inc.)Court of Appeals for the Fourth Circuit · 1994
  4. In Re Continental Holdings, Inc.United States Bankruptcy Court, N.D. Ohio · 1994
  5. Camden Ordnance Mfg. Co. of Arkansas, Inc. v. United States Trustee (In Re Camden Ordnance Mfg. Co. of Arkansas, Inc.)District Court, E.D. Pennsylvania · 2000

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