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