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Franchise Servs. of N. Am., In re--Franchise Servs. of N. Am. v. United States Trs.

May
22
2018
Ruling
Federal bankruptcy law does not prevent a bona fide equity holder from exercising its voting rights to prevent a corporation from filing a voluntary bankruptcy petition just because it also holds a debt owed by the corporation and owes no fiduciary duty to the corporation or its fellow shareholders. (5th Cir.)
Issue(s)
Voluntary Cases.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 22, 2018 , LexisNexis #0618-091
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In re Quillen

Jun
22
2009
Ruling
Trustee's objection to exemptions amended after case was converted to chapter 7 was untimely.
Procedural posture

Shortly before a pro se debtor's case was converted from chapter 11 to chapter 7, the debtor filed amended exemptions for property held by the entirety and other property exemptions under Florida law. The trustee objected to the amended exemptions, but the debtor asserted that the objection was untimely and thus the full value of the exempt property revested in the debtor.

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Consumer opinion summary, case decided on June 22, 2009 , LexisNexis #0809-037
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