Legal Opinion

In Re Universal Factoring Co., Inc.

United States Bankruptcy Court, N.D. Oklahoma

Decided August 22, 2005No. 19-10365PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

TERRENCE L. MICHAEL, Chief Judge.

Over seventy years ago, the United States Supreme Court coined the maxim that bankruptcy exists for the benefit of “the honest but unfortunate debtor.” 1 What, then, are bankruptcy courts to do when the debtor is neither honest nor unfortunate? Should they stand as his sanctuary? Should the charlatan be given the same breathing spell and opportunity to reorganize as a debtor engaged in a legitimate business enterprise? These are interesting questions. The question before the Court today deals not with the malevolent debtor, but with its…

2Cases cited27 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Caldo Mares and Sally Mares, His Wife v. Credit Bureau of Raton, and Janet Yarbrough, Individually, and in Her Official CapacityCourt of Appeals for the Tenth Circuit · 1986
  3. In Re Lederman Enterprises, Inc., Debtor. Rubner & Kutner, P.C. v. U.S. Trustee Glen R. Anstine, Chapter 7 Trustee Bankers Trust CompanyCourt of Appeals for the Tenth Circuit · 1993
  4. In Re SaturleyUnited States Bankruptcy Court, D. Maine · 1991
  5. In Re Hedged-Investments Associates, Inc., Debtor. Harvey Sender, Trustee v. The Nancy Elizabeth R. Heggland Family Trust, and Radoy W. HegglandCourt of Appeals for the Tenth Circuit · 1995

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3Cited by6 opinions

  1. Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)United States Bankruptcy Court, S.D. Texas · 2007
  2. John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
  3. In Re HightUnited States Bankruptcy Court, S.D. Texas · 2008
  4. In re Kitts Development, LLCUnited States Bankruptcy Court, D. New Mexico · 2012
  5. In re Quigley Co.United States Bankruptcy Court, S.D. New York · 2013

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