Legal Opinion

Lynch v. Winslow (In re Winslow)

District Court, E.D. North Carolina

Decided February 22, 2012No. 2:11-CV-00015-DPublishedCited by 1 opinion

1Opinion of the Court

ORDER

JAMES C. DEVER III, Chief Judge.

This ease involves whether a third party auctioneer is an “insider” of the debtors under 11 U.S.C. § 101(31). Third parties having a certain, statutorily defined relationship with a debtor are considered “statutory insiders” under section 101(31) and may not provide professional services to the debtor. However, due to section 101(31)’s use of the word “includes,” the definition of statutory insiders is not exclusive. Accordingly, and semantically odd, third parties having a sufficiently close relationship with a debtor are considered “non-statutory…

2Cases cited23 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  3. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  4. In the Matter of Robert P. Krehl, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
  5. In Re Official Committee of Unsecured Creditors for Dornier Aviation (North America), Incorporated Fairchild Dornier Gmbh, Debtors. Fairchild Dornier Gmbh Doctor Eberhard Braun, Debtors-Appellants v. The Official Committee of Unsecured Creditors (The Plan Monitoring Committee), Creditor-AppelleeCourt of Appeals for the Fourth Circuit · 2006

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3Cited by1 opinion

  1. In re: Eastern Vault Company, Inc., et al. v. Phoenix Executive Services, LLCUnited States Bankruptcy Court, S.D. West Virginia · 2026

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