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