· 5/22/1990
In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, Intervening
Citations
- 902 F.2d 1254
- 1990 U.S. App. LEXIS 8571
- 1990 WL 66570
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Rule 7001 matter “commenced by motion rather than by complaint will be dismissed”
- holding that a Rule 7001 matter “commenced by motion rather than by complaint will be dismissed”
- explaining that an adversary proceeding “must be commenced by a properly filed and served complaint”
- explaining that an adversary proceeding “must be commenced by a properly filed and served complaint”
- stating that committee may prosecute an action when the trustee unjustifiably refuses to pursue it, the creditor establishes colorable claim, and the creditor seeks leave from the court
- Court notes three narrow circumstances when a trustee can be divested of this exclusive authority
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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