Legal Opinion

In Re Caribbean Food Products, Inc., Debtors-Appellees v. Banco Credito Y Ahorro Ponceno

Court of Appeals for the First Circuit

Decided May 4, 1978No. 77-1447PublishedCited by 9 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

The primary issue in this case is whether Bankruptcy Rule ll-44(a) is applicable where there had been a loan agreement entered into between debtors and the principal creditor prior to the effective date of the rule. Creditor-appellant also contends that the bankruptcy court’s order under Rule ll-44(a) is either moot because of the subsequent adjudication of the debtors as bankrupts or ineffective because of a lack of compliance by the debtors with the terms of the order.

The facts are not in dispute. Debtors and appellant executed a “Loan Agreement, Assignment of Accounts…

2Cases cited2 opinions

  1. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  2. Ben Hyman & Co., Inc. v. Fulton Nat. BankDistrict Court, N.D. Georgia · 1976

3Cited by9 opinions

  1. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  2. Victoria Grain Co. of Manneapolis v. Janesville Elevator Construction, Inc. (In Re Victoria Grain Co.)United States Bankruptcy Court, D. Minnesota · 1984
  3. Mewes v. BankWest of South Dakota (In Re Mewes)United States Bankruptcy Court, D. South Dakota · 1986
  4. Rosenfeld v. 122-24 East 25th Street Corp. (In Re Silverman)United States Bankruptcy Court, S.D. New York · 1984
  5. In Re WlodarskiUnited States Bankruptcy Court, S.D. New York · 1985

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