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· 3/15/1984

Creditors' Committee for Jermoo's Inc. v. Jermoo's Inc. (In Re Jermoo's Inc.)

Citations

  • 38 B.R. 197
  • 1984 Bankr. LEXIS 6090

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “the court is free in a proper case to realign the parties according to their true interests”
  • contract terminated after debtor had been in arrears for 18 months and had failed to replace dishonored checks
  • committee standing granted to bring preference and fraudulent transfer actions where the debt- or-in-possession failed to act
  • that case was not brought in the name of the debtor could be corrected under Fed.R. Civ.P. 17 incorporated by Bankruptcy Rule 7017, and answer of debtor in possession suggests ratification of complaint
  • creditors’ committee allowed to bring preference action
  • franchise agreement terminated by passage of time

Source: CourtListener parenthetical corpus (CC0).

Judges: Robert D. Martin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.