In the Matter of Kelvin Publishing, Inc., Debtor. John Kelvin and Barbara Kelvin v. Avon Printing Co., Inc.

How courts have described this case

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

• stating that section 363 “does not mention the possibility of a direct cause of action by creditors against the debtor in possession for recovery of cash collateral wrongly spent”
• finding no private cause of action under § 363 for violation of a cash collateral order after applying the four Cort factors, noting that, even though the first factor weighed in favor of finding an implying a private cause of action, the “other three suggested] restraint”

Source: CourtListener parenthetical corpus (CC0).