· 2/18/1988
In the Matter of American Reserve Corporation, Debtor. Appeal of Clear and Doris Elaine Huddleston
Citations
- 840 F.2d 487
- 10 Fed. R. Serv. 3d 868
- 18 Collier Bankr. Cas. 2d 501
- 1988 U.S. App. LEXIS 2370
- 17 Bankr. Ct. Dec. (CRR) 504
- 1988 WL 13291
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a strict ruling would effectively undermine the application of the class action rule
- achieving the principal benefits of a class action in a bankruptcy case
- “If the bankruptcy judge denies the request to certify a class, then each creditor must file an individual proof of claim . . . .”
- ultimately holding that class proofs of claim are proper, but articulating the disadvantages of class actions in the bankruptcy context
- “If the court certifies the class, ... the self-appointed agent has become ‘authorized’, and the original filing is effective for the whole class (the principals).”
- “The principal function of bankruptcy law is to determine and im‐ plement in a single collective proceeding the entitlements of all concerned.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Grant
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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