1. Home
  2. Browse Decisions
  3. F.3d
  4. 891 F.3d
  5. 891 F.3d 198 (2018)
 

IN RE FRANCHISE SERVICES OF NORTH AMERICA, INC.

No. 18-60093.

891 F.3d 198 (2018)

IN RE: FRANCHISE SERVICES OF NORTH AMERICA, INCORPORATED, Debtor. Franchise Services of North America, Incorporated, Appellant v. United States Trustee; Macquarie Capital (USA), Incorporated; Michael John Silverton; Daniel Raymond Boland; Boketo, L.L.C., Appellees.

United States Court of Appeals, Fifth Circuit.

May 22, 2018.

Attorney(s) appearing for the Case

Luther T. Munford, John C. Henegan, Esq., Christopher Raymond Maddux, Esq., Stephen W. Rosenblatt, Esq., Butler Snow, L.L.P., Ridgeland, MS, Adam Michael Langley, Butler Snow, L.L.P., Memphis, TN, for Appellant.

Erin Marie Schmidt, Trial Attorney, U.S. Department of Justice, Office of the U.S. Trustee Room, Dallas, TX, Ronald H. McAlpin, Office of U.S. Trustee, Jackson, MS, for Appellee UNITED STATES TRUSTEE.

Kevin H. Marino, Marino, Tortorella & Boyle, P.C., Chatham, NJ, for Appellees MACQUARIE CAPITAL (USA), INCORPORATED, MICHAEL JOHN SILVERTON, DANIEL RAYMOND BOLAND.

Brooks Eason, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Jackson, MS, Kevin H. Marino, Marino, Tortorella & Boyle, P.C., Chatham, NJ, Alan Lee Smith, Jackson, MS, for Appellee BOKETO, L.L.C.

Before KING, JONES, and GRAVES, Circuit Judges.

Under longstanding Supreme Court precedent, state law dictates the procedures a corporation must follow to authorize a bankruptcy filing. When those procedures place the decision in the hands of the corporation's creditors, some courts have allowed the bankruptcy to proceed even though the creditors withheld consent. This case...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases