Skip to main content

§ 1104

In re New Orleans Paddlewheels Inc.

Sep
22
2006
Ruling
Chapter 11 trustee appointed due to evidence of malfeasance by president of debtor.
Procedural posture

Movants, a shareholder of chapter 11 debtor and a city, filed motions pursuant to 11 U.S.C. § 1104(a)(1) to appoint a trustee or an examiner. Debtor objected to both motions.

ABI Membership is required to access the full summary of In re New Orleans Paddlewheels Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 22, 2006 , LexisNexis #1006-110
LexisNexis Article
Learn More

Tradex Corp. v. Morse

Mar
31
2006
Ruling
Appointment of a trustee was affirmed since "cause" was established showing the need for such an appointment.
Procedural posture

The sole shareholder of appellant debtor in possession sought reversal, on behalf of the debtor, of a bankruptcy court's appointment of a trustee to take possession of the debtor as part of voluntary chapter 11 bankruptcy proceedings. The debtor objected to the motion to appoint a trustee, arguing that appellee trustee had not met her burden of establishing the need for such an appointment under 11 U.S.C. § 1104(a)(1) or (2).

ABI Membership is required to access the full summary of Tradex Corp. v. Morse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 31, 2006 , LexisNexis #0406-101
LexisNexis Article
Learn More

In re Adelphia Communs. Corp.

Jan
23
2006
Ruling
Interdebtor disputes did not evidence fraud or mismanagement warranting the appointment of a trustee for the intermediate subsidiary of a chapter 11 debtor.
Procedural posture

In this contested matter under the umbrella of the jointly administered chapter 11 cases of debtors, a communications company (parent company) and its subsidiaries, the Ad Hoc Committee of Noteholders, who were the holders of bond debt issued by an intermediate subsidiary of the parent company, one of the 231 debtors whose chapter 11 cases were being jointly administered in this court, moved for several orders, including disqualifying counsel.

ABI Membership is required to access the full summary of In re Adelphia Communs. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 23, 2006 , LexisNexis #0206-045
LexisNexis Article
Learn More

In re Natl Staffing Servs. LLC

Nov
21
2005
Ruling
Creditor's motion for appointment of a trustee was granted as in the best interest of the creditors but not based on finding of misconduct by debtor corporation.
Procedural posture

After the debtor, a corporation, filed for bankruptcy, movant creditors filed a joint motion pursuant to 11 U.S.C. § 1104(a) for the appointment of a trustee.

ABI Membership is required to access the full summary of In re Natl Staffing Servs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 21, 2005 , LexisNexis #0206-044
LexisNexis Article
Learn More
Subscribe to %1