Legal Opinion
In Re Liberate Technologies
United States Bankruptcy Court, N.D. California
Decided September 8, 2004No. 19-40216PublishedCited by 17 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
A creditor moves to dismiss this chapter 11 case, asserting that the petition was filed in bad faith because Debtor does not need bankruptcy protection. Although Debtor’s business is unsuccessful, dismissal is appropriate, because Debtor has cash well in excess of its liabilities and does not need bankruptcy protection to avoid wasteful liquidation of its business assets.
FACTS
Debtor Liberate Technologies develops and licenses software used by cable television companies in providing video-on-demand services and high-definition television. Liberate…
2Cases cited9 opinions
- Debbie Foltz, Consumer Action United Policyholders Texas Watch, Intervenors, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, and Consumer Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Steven BeckerCourt of Appeals for the Ninth Circuit · 2003
- Bruning v. United StatesSupreme Court of the United States · 1964
- In Re Carol Freeman Marsch, Debtor (Two Cases). John D. Marsch, Claimant-Appellant v. Carol F. Marsch, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
- 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 Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re: Integrated Telecom Express, Inc. A/K/A Integrated Technology Express, Inc. A/K/A Delaware Integrated Telecom Express, Inc., Debtor Nmsbpcsldhb, L.P. v. Integrated Telecom Express, Inc. And the Official Committee of Equity HoldersCourt of Appeals for the Third Circuit · 2004
- In re Costa Bonita Beach Resort Inc.United States Bankruptcy Court, D. Puerto Rico · 2012
- Fields Station LLC v. Capitol Food Corp. (In Re Capitol Food Corp.)Court of Appeals for the First Circuit · 2007
- In Re Original IFPC Shareholders, Inc.United States Bankruptcy Court, N.D. Illinois · 2004
- 1500 Mineral Spring Associates, LP v. GencarelliDistrict Court, D. Rhode Island · 2006
12 more not listed; retrieve them via the Exa API.