11 U.S.C. § 728
Repealed. Pub. L. 109–8, title VII, § 719(b)(1), Apr. 20, 2005, 119 Stat. 133]
[repealed]
Notes of Decisions
Cited in 42
cases, 1955–2014 · leading case: In the Matter of Arlan's Dep't Stores, Inc., Debtor, 615 F.2d 925 (2d Cir. 1979).
In the Matter of Arlan's Dep't Stores, Inc., Debtor, 615 F.2d 925 (2d Cir. 1979). “The Securities and Exchange Commission (Commission) moved pursuant to section 328 of the Act, 11 U.S.C. § 728 , to dismiss the Chapter XI proceedings and to require proceedings under Chapter X of the Act.”
In the Matter of Am. Trailer Rentals Co.. Sec. & Exch. Comm'n v. Am. Trailer Rentals Co., Debtor-Appellee, 325 F.2d 47 (10th Cir. 1963). “The Commission, in its motion under Section 328 of the Bankrutpcy Act, 11 U.S.C. § 728 , to dismiss the Chapter XI proceedings, alleges that this is properly a Chapter X proceeding for three reasons 6 ; first, that the debtor needs *50 more than just an arrangement with its…”
Samore v. Olson (In Re Olson), 100 B.R. 458 (Bankr. D. Iowa 1989). “See also 11 U.S.C. § 728 (b). The court has determined that the abandonment of real estate by the trustee was not a taxable event.”
In Re Montgomery Court Apts. of Ingham Cnty., Ltd., 141 B.R. 324 (Bankr. S.D. Ohio 1992). “See 11 U.S.C. § 728 . Greyhound, however, does not assert that Montgomery Court has failed to propose a plan which offers nonaccepting claimants less than each would receive in a liquidation under Chapter 7 of the Bankruptcy Code.”
First Union Nat'l Bank v. Gibbons (In Re Princeton-New York Investors, Inc.), 219 B.R. 55 (D.N.J. 1998). “’’); 11 U.S.C. § 728 (b) ("Notwithstanding any State or local law imposing a tax on or measured by income, the trustee shall make tax returns of income .”
Sec. & Exch. Comm'n v. Am. Trailer Rentals Co., 379 U.S. 594 (1965). “432 , 11 U. S. C. § 728 (1958 ed.). 1 *598 I. Respondent, American Trailer Rentals Company, was organized in 1958 to engage in the automobile-trailer rental business.”
In Re Gramercy Twins Assocs., 187 B.R. 112 (Bankr. S.D.N.Y. 1995). “As a holder of several unsecured, recourse claims, Mass Mutual claims that the test is not met because this class of creditors would have recourse against the partners in a Chapter 7 liquidation pursuant to 11 U.”
Gen. Stores Corp., Debtor-Appellant v. Max Shlensky & Sec. & Exch. Comm'n, 222 F.2d 234 (2d Cir. 1955). “Max Shlensky, a stockholder, challenged the adequacy of the Chapter XI procedure through a show cause order seeking a transfer to Chapter X pursuant to the newly enacted 11 U.S.C. § 728 . The Securities and Exchange Commission, being granted leave to intervene, filed a motion to…”
In Re Dejay Stores, Inc., 220 F. Supp. 497 (S.D.N.Y. 1963). “Thereafter, on December 4, 1962, Judge Palmieri of this court granted the Securities and Exchange Commission’s motion pursuant to § 328 of the Act, 11 U.S.C.A. § 728 , 3 to dismiss the Chapter XI proceedings unless a petition pursuant to Chapter X, the corporate reorganization…”
In the Matter of Kdi Corp., Debtor. Frederick Beach & Vincent Di Rubbio v. Kdi Corp. & Kdi Creditors' Comm., 477 F.2d 726 (6th Cir. 1973). “Section 328 of the Bankruptcy Act ( 11 U.S.C. § 728 ) reads as follows: “The judge may, upon application of the Securities and Exchange Commission or any party in interest, and upon such notice to the debtor, to the Securities and Exchange Commission, and to such other persons…”
In Re El Paso Refining, Inc., 192 B.R. 144 (Bankr. W.D. Tex. 1996). “11 U.S.C. § 728 (c) (emphasis added). Section 728(c) was drafted in order to overrule the inequities of the “jingle rule.”
In re Liberty Mortg. Corp., 245 F. Supp. 858 (N.D. Ohio 1965). “) filed a motion pursuant to section 328 of the Act ( 11 U.S.C. § 728 ) for dismissal, unless the debtor amended its petition for arrangement so as to comply with the requirements of Chapter X.”
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