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· 2/26/2007

Sanford Kreisler Bask Holdings, LLC v. Glenn H. Goldberg, T/a S. Goldberg-Cust Srg Properties No. 5, Llc, Creditors-Appellees

Citations

  • 478 F.3d 209
  • 2007 U.S. App. LEXIS 4152
  • 47 Bankr. Ct. Dec. (CRR) 233
  • 2007 WL 572125

How courts have described this case

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

  • holding that where a debtor-parent owns all of the shares of a non-debtor, the property of the non-debtor subsidiary is not property of the estate
  • holding that Section 105(a) empowers the bankruptcy court to enjoin continuing litigation
  • “The fact that a parent corporation has an ownership interest in a subsidiary, . . . does not give the parent any direct interest in the assets of the subsidiary.”
  • “It is a fundamental precept of corporate law that each corporation is a separate legal entity with its own debts and assets, even when such corporation is wholly owned by another corporate entity.”
  • automatic stay provisions do not apply to property owned by a third party

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, Traxler, Hamilton

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.