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