Legal Opinion

National City Bank v. Troutman Enterprises, Inc. (In Re Troutman Enterprises, Inc.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided September 26, 2000No. 00-8013PublishedCited by 32 opinions

1Opinion of the Court

OPINION

MORGENSTERN-CLARREN, Bankruptcy Judge.

This appeal addresses an obscure area of the Bankruptcy Code: the rights of creditors when a reorganized Chapter 11 debtor defaults under a confirmed plan and the case is converted to Chapter 7. Here, after just such a default, the bankruptcy court granted a creditor’s motion to convert to Chapter 7. While that case was pending, other creditors filed an involuntary Chapter 7 petition against the reorganized Chapter 11 debtor based on the failure to pay their plan claims. The court dismissed the petition on the ground that Bankruptcy Code § 348…

2Cases cited11 opinions

  1. In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
  2. Still v. Rossville Bank (In re Chattanooga Wholesale Antiques, Inc.)Court of Appeals for the Sixth Circuit · 1991
  3. Booher Enterprises v. Eastown Auto Co. (In Re Eastown Auto Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. In Re Benjamin Coal Company David J. BenjaminCourt of Appeals for the Third Circuit · 1992
  5. In Re Walter Johnson Dba Johnson Star Route, Debtor. United States of America v. Richard B. Ginley, TrusteeCourt of Appeals for the Sixth Circuit · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. In Re Troutman Enterprises, Inc., Debtor. Donald F. Harker Iii, Trustee v. Rufus Troutman, Terry Troutman, and Lester TroutmanCourt of Appeals for the Sixth Circuit · 2002
  2. Marketing & Creative Solutions, Inc. v. Scripps Howard Broadcasting Co. (In Re Marketing & Creative Solutions, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
  3. Behles-Giddens, P.A. v. Raft (In re K.D. Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
  4. Adell v. John Richards Homes Building Co. (In Re John Richards Homes Building Co.)District Court, E.D. Michigan · 2004
  5. In re TempletonUnited States Bankruptcy Court, N.D. Alabama · 2015

27 more not listed; retrieve them via the Exa API.

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