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· 11/19/2001

Ohio Department of Taxation v. Swallen's, Inc. (In Re Swallen's, Inc.)

Citations

  • 269 B.R. 634
  • 2001 FED App. 0013P
  • 47 Collier Bankr. Cas. 2d 327
  • 2001 Bankr. LEXIS 1474
  • 38 Bankr. Ct. Dec. (CRR) 182
  • 2001 WL 1463772

How courts have described this case

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

  • suggesting that absent any objection and upon proper notice, the circumstances may allow a court to temper plan requirements
  • finding that the bankruptcy court erred in ordering distribution of estate assets over the objections of two creditors where no disclosure statement or plan had been filed
  • after proper notice, court cannot bypass requirements of chapter 11 where party in interest objects
  • “We simply cannot find a basis in the Bankruptcy Code for permitting, over objections by interested parties, a distribution to creditors of all the assets in a Chapter 11 case absent a confirmed Chapter 11 plan.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Cook, Morgenstern-Clarren

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.