green
Positive treatment
Quoted verbatim 2×
17.2 score
“debtor has not cited any cases standing for the proposition that members of an llc cannot agree among themselves not to file bankruptcy, and that if they do, such agreement is void as against public policy, nor has the court located any.”
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006
2016
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
S-Tek 1, LLC
courts also consider the preferences expressed by creditors for either dismissal or conversion as they are the best judge of their own best interests.
examined
Cited as authority (quoted)
In re NNN 123 North Wacker, LLC
debtor has not cited any cases standing for the proposition that members of an llc cannot agree among themselves not to file bankruptcy, and that if they do, such agreement is void as against public policy, nor has the court located any.
discussed
Cited as authority (rule)
Lin v. Pacheco
Accordingly, Enya’s claim under § 523(a)(4) will also be DISMISSED.70 68 Barenberg v. Burton (In re Burton), 463 B.R. 142, at *5 (10th Cir. BAP 2010) (table); see also Holaday v. Seay (In re Seay), 215 B.R. 780 (10th Cir. BAP 1997). 69 Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1372 (10th Cir. 1996) (quotations and citations omitted). 70 And again, the result would be the same as to both of the Lins if Allen had not been voluntarily dismissed as a co-plaintiff on January 24, 2020.
discussed
Cited as authority (rule)
Platinum Oilfield Services, LLC
Indeed, as noted earlier, the filing of a Chapter 11 bankruptcy proceeding represents a radical departure from how any entity carries on its business outside of bankruptcy.” In re DB Capital Holdings, LLC, 463 B.R. 142 at *4 (10th Cir. BAP 2010).
discussed
Cited "see"
Klein v. Estate of Zvunca
See In re Bishop, 463 B.R. 142 , 2010 WL 4456165at *4 (10th Cir. BAP 2010) (observing that a dispute over certain estate property would have been moot if trustee had abandoned the property).
discussed
Cited "see"
Soulé v. Gragg (In re Harrison)
See In re Dailey, 463 B.R. 142 , 2009 WL 2431254 , *4 (10th Cir. BAP 2009) (unpublished) ("The doctrine of constructive notice is based on the theory that one who neglects a duty to search a title record should be charged with notice of facts that would have been discovered upon a proper search.”) (citing Amoco Prod.
discussed
Cited "see"
In re Pichel
See Miller v. Bill and Carolyn Limited Partnership (In re Baldwin), 463 B.R. 142 , 2006 WL 2034217 , at *2 (10th Cir. BAP 2006), affirmed, 593 F.3d 1155 (10th Cir.2010) (citing In re Ogden, 314 F.3d 1190, 1197 (10th Cir.2002), the Tenth Circuit BAP held that although state law determines the nature of debtor’s partnership interest, federal law determines the extent to which that partnership interest become a part of the estate); In re First Protection, Inc., 440 B.R. 821, 830 (9th Cir.BAP2010) (§ 541(c)(1) overrides state limited liability company laws on effect of bankruptcy filing on memb…
cited
Cited "see, e.g."
FNF Security Acquisition, Inc. v. Mercury Companies, Inc.
See, e.g., In re Kasparek, 463 B.R. 142 (10th Cir. BAP 2011).
cited
Cited "see, e.g."
In re Quad-C Funding LLC
See, e.g., DB Capital Holdings, LLC v. Aspen HH Ventures, LLC (In re DB Capital Holdings, LLC), 463 B.R. 142 (10th Cir.B.A.P.2010).
Retrieving the full opinion text from the archive…
IN RE BALDWIN; MILLER
v.
BILL AND CAROLYN LTD. PARTNERSHIP.
v.
BILL AND CAROLYN LTD. PARTNERSHIP.
EO-05-114, 04-72919.
Bankruptcy Appellate Panel of the Tenth Circuit.
Jul 11, 2006.
463 B.R. 142
Cited by 2 opinions | Published
Citer courts: N.D. Illinois (1) · D. New Mexico (1)
DECISION WITHOUT PUBLISHED OPINION
Reversed.