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· 9/28/2009

Mafuri v. Holder

Citations

  • 333 F. App'x 228

How courts have described this case

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

  • holding that Marrama's power to revoke the trust became property of the chapter 7 estate, exercisable by the chapter 7 trustee
  • noting that “courts have rejected attempts to focus the Section 1113 inquiry on a proposal made by a party other than the debtor”
  • noting that “nothing in Section 1113 itself ... supports the notion that a collective bargaining right can exist in perpetuity. Indeed, the case law says otherwise.”
  • denying section 1113 motion without prejudice, where necessity in most, but not all, respects was shown
  • the matter of valuation of an ongoing business in economic distress is far from an exact science
  • “The Debtor bears the burden of proof by the preponderance of the evidence on the elements of Section 1113.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifton, Rawlinson, Silverman

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.