Legal Opinion
Matter of Martin
United States Bankruptcy Court, M.D. Florida
Decided August 1, 1985No. Bankruptcy 85-357 to 85-359PublishedCited by 14 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS OR CONVERT; ORDER ON MOTION FOR REHEARING AND MOTION TO FIX PROCEDURE TO LIQUIDATE CLAIMS
ALEXANDER L. PASKAY, Chief Judge.
THIS IS one more instance, recently occurring, with great frequency, when the right of a debtor to seek relief under Chapter 11 is challenged. This challenge is usually interposed by a motion which seeks a dismissal of the Chapter 11 case, although at times it is interposed indirectly by a motion which seeks relief from the automatic stay, imposed by § 362 of the Bankruptcy Code. See, In re Victory Construction Co., Inc., 9 B.R. 549…
2Cases cited14 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Ohio v. KovacsSupreme Court of the United States · 1985
- In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- Furness v. LilienfieldDistrict Court, D. Maryland · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999
- In Re HBA East, Inc.United States Bankruptcy Court, E.D. New York · 1988
- In Re Noco, Inc.United States Bankruptcy Court, N.D. Florida · 1987
- In Re GreeneUnited States Bankruptcy Court, S.D. New York · 1986
9 more not listed; retrieve them via the Exa API.