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· 11/8/2005

United States v. Acorn Technology Fund, L.P. Leonard Barrack and Lynne Barrack

Citations

  • 429 F.3d 438
  • 2005 U.S. App. LEXIS 24029
  • 2005 WL 2979230

How courts have described this case

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

  • applying Wencke standard to a claim, even though the district court did not apply Wencke in the first instance, because the record “was sufficiently developed”
  • “[W]hen it is asked to lift a stay it would usually be improper for a district court to attempt to actually judge the merits of the moving party's claims at such an early point in the proceedings.”
  • “As we have already said, the very purpose of a receiver is to collect and disentangle a receivership estate’s assets, including debts owed to it. In carrying out that purpose, the receiver simply does not consent to the bringing of a counterclaim by every debtor.”
  • “The purposes of a receivership are varied, but the purpose of imposing a stay of litigation is clear. A receiver must be given a chance to do the important job of marshaling and untangling a company’s assets without being forced-into court by every.investor or claimant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Antwerpen, Aldisert, Cowen

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.