11 U.S.C. § 1108
Authorization to operate business
Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may operate the debtor’s business.
Notes of Decisions
Cited in 190
cases (3 in the last 5 years), 1980–2026 · leading case: In Re Herberman, 122 B.R. 273 (Bankr. W.D. Tex. 1990).
In Re Herberman, 122 B.R. 273 (Bankr. W.D. Tex. 1990). “11 U.S.C. § 1108 . It has a defined lifetime, at the conclusion of which assets are appropriately disposed of, in accordance with applicable provisions of the Bankruptcy Code.”
In Re Sharon Steel Corp., Debtor. Appeal of Dwg Corp. & Victor Posner, 871 F.2d 1217 (3rd Cir. 1989). “1987) (citing 11 U.S.C. § 1108 (1982 & Supp. IV 1986)); In re General Oil Distribs.”
In Re NRG Resources, Inc., 64 B.R. 643 (W.D. La. 1986). “There is no way of knowing whether the services per *648 formed by the debtor’s attorney were in an instance where the debtor had been permitted by the Court to continue to operate his business pursuant to 11 U.S.C. § 1108 , and use the property of the debtor’s estate in the…”
Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners), 92 B.R. 95 (Bankr. S.D.N.Y. 1988). “Section 544(a) of the Bankruptcy Code vests trustees and debtors-in-possession, see 11 U.S.C. § 1108 , with the rights under applicable state law of each of those entities.”
In Re Dant & Russell, Inc., Debtors. Burlington N. R.R. Co., Creditor-Appellant v. Dant & Russell, Inc., Debtor-Appellee, 853 F.2d 700 (9th Cir. 1988). “1985) Moreover, under 11 U.S.C. § 1108 (1982), the trustee, or as here, the debtor-in-posses *704 sion, “may operate the debtor’s business” provided the court does not order otherwise.”
Louisiana World Exposition v. Fed. Ins. Co., 858 F.2d 233 (5th Cir. 1988). “See 11 U.S.C. § 1108 . Here, LWE was continued as the debtor-in-possession.”
In Re: Am. Preferred Prescription, Inc., Debtor. Kenneth P. Silverman, Esq., Tr.-Appellant v. Tracar, S.A., 255 F.3d 87 (2d Cir. 2001). “The order appointing Silverman as "Chapter 11 trustee” noted specifically that he "shall have all the rights, duties and powers vested in a trustee appointed under Title 11 of the United States Code, including authorization to take possession of the debtor’s property, to operate…”
Westmoreland Human Opportunities, Inc. v. James R. Walsh, Tr. of the Bankr. Est. of Life Serv. Sys., Inc. Life Serv. Sys., Inc, 246 F.3d 233 (3rd Cir. 2001). “§ 1102 , and grants to such committees the power to investigate debtors, to negotiate a bankruptcy reorganization plan, and to “perform such other services as are in the interest of those represented,” 11 U.S.C. § 1108 (c). We have construed § 1108(c) as implying a fiduciary…”
G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.), 313 B.R. 612 (Bankr. D.N.J. 2004). “§ 1107 (a)(West 2004); see also 11 U.S.C. § 1108 (West 2004). GI Holdings is the successor-in-interest to GAF Corporation (hereinafter “GAF”), an entity named in approximately 500,000 asbestos actions prior to merging into G-I Holdings.”
In Re McCorhill Publ'g, Inc., 73 B.R. 1013 (Bankr. S.D.N.Y. 1987). “, filed with this court a voluntary petition for relief under Chapter 11 of the Bankruptcy Code and was continued in operation of its business as a debtor in possession pursuant to 11 U.S.C. § 1108 . 2. On November 30, 1984, KTO sold to the debtor a reprint and periodical…”
Tetuan v. A.H. Robins Co., 738 P.2d 1210 (Kan. 1987). “11 U.S.C. § 1108 (Supp. III, 1985). A review of the relatively meager information Robins has put before the court indicates that, of all the claims it has paid on the Daikon Shield, the overwhelming amount, some $357 million, or .”
unempl.ins.rep. (Cch) P 22,142 in Re Hollytex Carpet Mills, Inc., Debtor. Hollytex Carpet Mills, Inc. v. Oklahoma Emp. Sec. Comm'n, 73 F.3d 1516 (10th Cir. 1996). “1992) ( 11 U.S.C. § 1108 does not permit a Chapter 11 debtor to pay pre-petition debts prior to a plan’s confirmation); In re Revco D.”
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