Legal Opinion
Schwartz v. Aquatic Dev. Group, Inc. (In re Aquatic Dev. Group, Inc.) - concurrence
Court of Appeals for the Second Circuit
Decided December 17, 2003No. Docket 02-5059PublishedCited by 79 opinions
1Opinion of the Court
Judge STRAUB concurs in a separate opinion.
MINER, Circuit Judge.
In this appeal, we are asked to decide whether the United States Bankruptcy Court for the Northern District of New York (Littlefield, B.J.) was both acting within its statutory authority and properly exercising its discretion when, relying on its equitable powers, it entered a nunc pro tunc order in December 2000 that retroactively closed the bankruptcy estate of debtor-appellee Aquatic Development Group, Inc. (“ADG”) as of December 1996. The effect of the Bankruptcy Court’s order was to relieve ADG of its obligation to pay…
2Cases cited9 opinions
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- 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
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
- In re JarvisCourt of Appeals for the First Circuit · 1995
- In the Matter of Arkansas Company, Inc., a New York Corporation, Debtor. Appeal of Benenson & Scher, P.A., Attorneys for the Creditors Committee of Arkansas Co., IncCourt of Appeals for the Third Circuit · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
- In Re General Motors Corp.United States Bankruptcy Court, S.D. New York · 2009
- Campbell v. Motors Liquidation Co.District Court, S.D. New York · 2010
- Mitan v. DuvalCourt of Appeals for the Sixth Circuit · 2009
- Parker v. Motors Liquidation Co. (In Re Motors Liquidation Co.)District Court, S.D. New York · 2010
74 more not listed; retrieve them via the Exa API.