· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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