Legal Opinion

Haynes & Hubbard, Inc. v. Ernest L. Stewart, Trustee in Bankruptcy of Indian Lake Estates, Inc., Bankrupt

Court of Appeals for the Fifth Circuit

Decided December 27, 1967No. 24592PublishedCited by 14 opinions

1Per curiam

Appellant is a judgment creditor. The Referee in Bankruptcy declared the judgment in question, which had been obtained in a state court in a suit on a construction contract, null and void as a lien against the real property of the bankrupt corporation. The judgment was entered three days before the petition in bankruptcy was filed. The District Court affirmed. We also affirm.

The sole issue is whether Indian Lake Estates, Inc., the bankrupt, was solvent on April 13, 1965, the date of the judgment lien, within the meaning of § 67(a) (1) (a) of the Bankruptcy Act. 11 U.S.C.A; § 107(a) (1) (a).…

2Cases cited2 opinions

  1. Edward D. Hassan, Trustee v. Middlesex County National Bank, in the Matter of Mystic Pipe & Supply Corp., BankruptCourt of Appeals for the First Circuit · 1964
  2. First State Bank of Crook v. FoxCourt of Appeals for the Eighth Circuit · 1925

3Cited by14 opinions

  1. Seligson v. New York Produce ExchangeDistrict Court, S.D. New York · 1975
  2. Baldi v. Samuel Son & Co., Ltd.Court of Appeals for the Seventh Circuit · 2008
  3. Inland Security Company, Inc. v. Estate of KirshnerDistrict Court, W.D. Missouri · 1974
  4. John Ownbey Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1981
  5. Nordberg v. Republic National Bank of Miami (In Re Chase & Sanborn Corp.)United States Bankruptcy Court, S.D. Florida. · 1985

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