Case law

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  • In re B&M Hospitality LLC

    584 B.R. 88 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 3, 2018

    ("the Board"), "the license shall continue as a personal privilege granted by the board and nothing herein shall constitute the license as property." 47 P.S. § 4-468(b.1) 1 ; see 1412 Spruce Inc. v. … In Heights v.

    Cited 4 timesPublished
  • American Casein Co. v. Geiger (In Re Geiger)

    446 B.R. 670 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 29, 2010

    Webster and the Cab-ots could not agree on a board for AMCO, no board was elected. Id. at ¶ 25. Mr. Webster was elected as the sole board member of ACD. Id. The Trustee Motion alleges that “Mr. … Yet the Complaint fails to indicate that the procedure required by Rule 23.1 was followed, namely that a demand was made on the board of directors. See e.g. Fagin v.

    Cited 103 timesPublished
  • Barber v. Fairbanks Capital Corp. (In Re Barber)

    266 B.R. 309 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 24, 2001

    In Brown , the plaintiff contacted a home improvement contractor, in response to a flyer left at her house, for home repairs. Brown, 134 B.R. at 136-37 . … See Anderson v.

    Cited 6 timesPublished
  • O'Neill v. Business Loans, Inc. (In Re Branding Iron, Inc.)

    7 B.R. 729 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 16, 1980

    Appeal of Spankard, supra, and Commonwealth Liquor Control Board v. … Gibson v. Alaska Alcoholic Beverage Control Board, 377 F.Supp. 151 (D.Alaska 1974).

    Cited 9 timesPublished
  • In Re Wall to Wall Sound & Video, Inc.

    151 B.R. 700 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 5, 1993

    On December 22, 1986, another shareholder made a demand on the Board of the debtor to take action against Mr. … Zapanta v. Isoldi, 212 N.J.Super 678, 687, 515 A.2d 1298 (1986), Nevets C.M., Inc. v. Nissho Iwai American Corporation, 726 F.Supp. 525, 534 (1989).

    Cited 7 timesPublished
  • In Re Altair Airlines, Inc.

    25 B.R. 223 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 7, 1982

    See Nathanson v. … See also National Labor Relations Board v. Killoren, 122 F.2d 609 (8th Cir.1941). 4 .

    Reversed on other grounds by In Re Altair Airlines, Inc. Appeal of Air Line Pilots Association, International, 727 F.2d 88 (1984)Cited 4 timesPublished
  • In re Girard Medical Center

    128 B.R. 938 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 28, 1991

    In Posner v. … Adler v.

    Cited 1 timesPublished
  • Petralex Stainless, Ltd. v. Bishop Tube Division of Christiana Metals (In Re Petralex Stainless, Ltd.)

    78 B.R. 738 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 15, 1987

    Co. v. … Bishop, however, has offered no proof that this debt is now disputed; no proof that the board does dispute this debt; no proof that the board would not, if asked, approve this debt; no proof that the board ever disputed this

    Cited 20 timesPublished
  • In Re Baerwald

    27 B.R. 142 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 14, 1983

    In this regard, see Brown v. … The District Court in Brown unequivocally rejected the holding and reasoning in Acklin . 4 Therefore, we conclude that Signal’s junior mortgage, not being a judicial lien, cannot be avoided pursuant to § 522(f)(1). 1 .

    Cited 6 timesPublished
  • Tesler v. Certain Underwriters at Lloyd's (In Re Spree.com Corp.)

    295 B.R. 762 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 26, 2003

    Boeing Helicopters v. … Joint Stock Society v.

    Cited 12 timesPublished
  • In re Bennett

    528 B.R. 273 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 7, 2015

    See Rhone-Poulenc Surfactants & Specialties, L.P. v. C.I.R., 249 F.3d 175, 180 (3d Cir.2001) (following Roberts v. Comm’r, 175 F.3d 889, 893-96 (11th Cir.1999) and Freeman v. … a recommendation for decision to the Board.

    Cited 3 timesPublished
  • In Re Vic Snyder, Inc.

    50 B.R. 631 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 28, 1985

    Kramer v. Phila. Leather Goods Corp., 364 Pa. 531 , 73 A.2d 385 (1950); Burke v. Daughters of Holy Redeemer, 344 Pa. 579 , 26 A.2d 460 (1942); Singerly v. … See also Aster v. B.P. Oil Corp., 412 F.Supp. 179 (M.D.Pa.1976); Feinberg v. Automobile Banking Corporation, 353 F.Supp. 508 (E.D.Pa.1973); Marine Transport Lines, Inc. v.

    Cited 9 timesPublished
  • Jefferson Bank v. Devault Manufacturing Co. (In Re Devault Manufacturing Co.)

    4 B.R. 382 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 5, 1980

    See e. g., Brown v. Wright, 588 F.2d 708 (9th Cir. 1978), citing 6A Moore’s Federal Practice ¶ 59.07 at 59-94. … New Haven Board of Fire Com’rs, 66 F.R.D. 457 (D.Conn.1975); Minersville Coal Company, Inc. v. Anthracite Export Ass’n, 58 F.R.D. 612 (M.D.Pa. 1973). 15 . See, e. g., United States v.

    Cited 19 timesPublished
  • Pinto v. Philadelphia Fresh Food Terminal Corp. (In Re Pinto)

    89 B.R. 486 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 11, 1988

    V. … Compare Kupetz v.

    Modified by Pinto v. Philadelphia Fresh Food Terminal Corp. (In Re Pinto), 98 B.R. 200 (1989)Cited 28 timesPublished
  • In Re Eastern Bancorporation

    23 B.R. 474 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 7, 1982

    McCay v. Luzerne & Carbon County Motor Transit Co., 125 Pa.Super. 217, 222 , 189 A. 772, 774 (1937). In addition, the court, in Steinberg v. … See Price v. Gurney, 324 U.S. 100 , 65 S.Ct. 513 , 89 L.Ed. 776 (1945). 8 .See, e.g., Lee v. Riener & Sons, Inc., 43 F.2d 364 (M.D.Pa.1930); Fletcher, Cyclopedia of Corporations, vol. 12A, § 5656 (1972). 9 .

    Cited 6 timesPublished
  • In Re Philadelphia Newspapers, LLC.

    433 B.R. 164 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 15, 2010

    Grace and Company v. … See also Peters v.

    Cited 8 timesPublished
  • James v. Draper (In Re James)

    112 B.R. 687 · United States Bankruptcy Court, E.D. Pennsylvania · May 1, 1990

    See Brown v. Pennsylvania State Employees Credit Union, 851 F.2d 81, 84-85 (3d Cir.1988). See also In re Whitt, 79 B.R. 611, 614-15 (Bankr.E.D.Pa. 1987). … In re Nejberger, Nejberger v. Pennsylvania Liquor Control Board, 112 B.R. 714, 717 (Bankr.E.D.Pa.1990). The wisdom of our decision to hear the merits of the turnover proceeding therefore appears to have been confirmed.

    Reversed on other grounds by United States v. Nordic Village, Inc., 503 U.S. 30 (1992)Cited 14 timesPublished
  • Johnson v. Kramer (In Re Kramer)

    71 B.R. 2 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 25, 1986

    On almost identical facts, a party with a pre-petition agreement providing for the re-transfer of a liquor license in the event of default was held not entitled to relief from the automatic stay in Miller v. … R-2193, 72 Pa.Commw. 367, 456 A.2d 709 (1983); see also 1412 Spruce, Inc. v.

    Cited 8 timesPublished
  • In Re Harris Agency, LLC

    451 B.R. 378 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 3, 2011

    In 2005, Nevada Investment Partners, LLC (“NIP”) formed to acquire Harris’ business from its then owner, Brown & Brown Insurance of Nevada, Inc. (“Brown & Brown”). … The Debtor was unable to make the third payment to Brown & Brown on the Brooke Loan, finding that the volume of business was not what it expected.

    Cited 6 timesPublished
  • Okan's Foods, Inc. v. Windsor Associates Ltd. Partnership (In Re Okan's Foods, Inc.)

    217 B.R. 739 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 6, 1998

    Brown (“Brown”), Brean Corp. (“Brean”), and Oakwood Corporate Housing, Inc. (“Oakwood”)(collectively the “Defendants”) — who request judgment in their favor on Count I. … Whether Brown is the general partner of Windsor, LP, as the Debtor averred in ¶¶ 3 and 16 of the Complaint, or rather, that Brown is the managing partner of Windsor, LP’s general partner, Brown Windsor Associates, as the

    Cited 32 timesPublished

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