San Bernardino Dental Group

13 Cited authorities

Nat'l Labor Relations Bd. v. Bildisco & Bildisco
465 U.S. 513 (1984) Cited 1,161 times 22 Legal Analyses
Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167
Golden State Bottling Co. v. Nat'l Labor Relations Bd.
414 U.S. 168 (1973) Cited 497 times 20 Legal Analyses
Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties
Howard Johnson Co. v. Detroit Local Joint Exec. Bd., Hotel & Rest. Emps. & Bartenders Int'l Union, AFL-CIO
417 U.S. 249 (1974) Cited 366 times 1 Legal Analyses
Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees
Baker v. Gold Seal Liquors
417 U.S. 467 (1974) Cited 330 times 1 Legal Analyses
Holding that where there is jurisdiction as to claim, no independent basis for federal jurisdiction required for compulsory counterclaim
Nathanson v. Labor Board
344 U.S. 25 (1952) Cited 279 times
Holding that "if one claimant is to be preferred over others, the purpose should be clear from the statute"
In re Brada Miller Freight Systems, Inc.
16 B.R. 1002 (N.D. Ala. 1981) Cited 24 times
In Brada Miller, the court stated that Congressional intent was evident from failing to confer jurisdiction on the bankruptcy courts to hear and determine regulatory matters and also by exempting regulatory proceedings from the automatic stay provisions.
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,526 times 76 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 1107 - Rights, powers, and duties of debtor in possession
11 U.S.C. § 1107 Cited 3,260 times 13 Legal Analyses
Granting to a debtor-in possession "all the rights . . . of a trustee serving in a case under this chapter"
Section 704 - Duties of trustee
11 U.S.C. § 704 Cited 2,711 times 11 Legal Analyses
Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"
Section 701 - Interim trustee
11 U.S.C. § 701 Cited 1,879 times 3 Legal Analyses
Granting the U.S. Trustee the power to appoint a "disinterested person" from "the panel of private trustees" as an interim trustee
Section 1101 - Definitions for this chapter
11 U.S.C. § 1101 Cited 1,818 times 6 Legal Analyses
Requiring only the “commencement of distribution under the plan”
Section 1108 - Authorization to operate business
11 U.S.C. § 1108 Cited 644 times 2 Legal Analyses
Granting a chapter 11 debtor, with some exceptions, all the rights and powers of a trustee
Section 721 - Authorization to operate business
11 U.S.C. § 721 Cited 172 times 1 Legal Analyses
Stating that "[t]he court may authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate"

San Bernardino Dental Group

13 Cited authorities

Holding that the failure of Congress to draft an exclusion for certain collective bargaining agreements in 11 U.S.C. § 365 indicates that the provision applies to all such agreements, in light of the previous use of such an exclusion by Congress in 11 U.S.C. § 1167

Holding that Rule 65(d) allows enforcement of orders against successors of enjoined parties

Holding under NLRA that purchaser of hotel assets was not required to arbitrate with union about its decision not to hire all of seller’s employees

Holding that where there is jurisdiction as to claim, no independent basis for federal jurisdiction required for compulsory counterclaim

Holding that "if one claimant is to be preferred over others, the purpose should be clear from the statute"

In Brada Miller, the court stated that Congressional intent was evident from failing to confer jurisdiction on the bankruptcy courts to hear and determine regulatory matters and also by exempting regulatory proceedings from the automatic stay provisions.

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Granting to a debtor-in possession "all the rights . . . of a trustee serving in a case under this chapter"

Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"

Granting the U.S. Trustee the power to appoint a "disinterested person" from "the panel of private trustees" as an interim trustee

Requiring only the “commencement of distribution under the plan”

Granting a chapter 11 debtor, with some exceptions, all the rights and powers of a trustee

Stating that "[t]he court may authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate"