· 9/26/1994
Catwil Corp. Ex Rel. Official Committee of Unsecured Creditors v. Derf II (In Re Catwil Corp.)
Citations
- 175 B.R. 362
- 32 Collier Bankr. Cas. 2d 644
- 1994 Bankr. LEXIS 1897
- 1994 WL 687706
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that filing an adversary complaint before seeking court approval because the statute of limitations is about to run may justify retroactive authorization
- observing that filing an adversary complaint before seeking court approval because the statute of limitations is about to run may justify retroactive authorization
- explaining that bankruptcy courts need not find “extraordinary circumstances” before granting derivative standing retroactively
- “Although procedurally flawed, the filing of the Committee’s adversary proceeding was a good faith attempt to object to [the] bank’s liens or security interest fully within the spirit of the cash collateral agreement and order.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Robert L. Eisen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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