Legal Opinion

Committee of Asbestos-Related Litigants and/or Creditors v. Johns-Manville Corp. (In Re Johns-Manville Corp.)

United States Bankruptcy Court, S.D. New York

Decided May 5, 1986No. 19-10481PublishedCited by 105 opinions

1Opinion of the Court

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

BURTON R. LIFLAND, Bankruptcy Judge.

The present motion for summary judgment raises two issues of first impression: 1) whether a debtor corporation’s retention of certain lobbyists was in the ordinary course of business under § 363 of the Bankruptcy Reform Act of 1978 (“Code”); and 2) whether such lobbyists are professional persons within the meaning of § 327(a), whose retention requires prior court approval. The Committee of Asbestos-Related Litigants and/or Creditors (“Asbestos Committee” or “Committee”), an official creditor’s committee in…

2Cases cited20 opinions

  1. First Nat. Bank of Boston v. BellottiSupreme Court of the United States · 1978
  2. In Re Curlew Valley AssociatesUnited States Bankruptcy Court, D. Utah · 1981
  3. Matter of Seatrain Lines, Inc.United States Bankruptcy Court, S.D. New York · 1981
  4. Armstrong World Industries, Inc. v. James A. Phillips, Inc. (In Re James A. Phillips, Inc.)District Court, S.D. New York · 1983
  5. Johnston v. First Street Companies (In Re Waterfront Companies, Inc.)United States Bankruptcy Court, D. Minnesota · 1985

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3Cited by105 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
  3. In Re Magic Circle Energy Corp.United States Bankruptcy Court, W.D. Oklahoma · 1986
  4. In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
  5. Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995

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