Holding that an abuse of discretion on the part of a bankruptcy court is either " a decision resting on an error of law ... or a decision that ... cannot be located within the range of permissible decisions"
Ruling that, although bankruptcy proceedings may be preferred to liquidation of a corporation though an equity receivership, the district court did not err in refusing to transfer the liquidation proceedings to bankruptcy court because of the late stage of the receivership proceedings
Providing that after a bankruptcy petition is filed, the receiver's role as receiver terminated, but that his role as manager of the bankrupt entities would continue, and the "management of a bankrupt entity that files in Chapter 11 is automatically authorized to act as the debtor-in-possession, since under the Bankruptcy Code, the term `debtor-in-possession' quite simply `means debtor'"
Holding that investors entitled to a contractual right of redemption are creditors of a debtor in bankruptcy because "a party with a contract claim against a debtor is a creditor of the debtor."
In United States v. Royal Business Funds Corp., 724 F.2d 12 (2d Cir. 1983), we held that a stipulation between parties may bar a debtor from commencing a bankruptcy proceeding.
15 U.S.C. § 78j Cited 12,677 times 166 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities