Legal Opinion
City of Elkins v. Davidson (In re Swink)
United States Bankruptcy Court, E.D. Arkansas
Decided June 29, 1992No. Bankruptcy No. 90-4106M; Adv. No. 90-4089Published
1Opinion of the Court
MEMORANDUM OPINION
JAMES G. MIXON, Bankruptcy Judge.
On January 17, 1990, an involuntary petition was filed against Swink & Company (Swink), and on February 23,1990, an order was entered adjudicating Swink a debtor under chapter 7 of the United States Bankruptcy Code. Charles Darwin Davidson, Esq., (trustee) was appointed the chapter 7 trustee. On June 29, 1990, the City of Elkins (Elkins) filed a complaint to determine priority status alleging that it is a “customer” pursuant to 11 U.S.C. § 741 and, therefore, entitled to a priority status pursuant to 11 U.S.C. § 752.
The proceeding before the…
2Cases cited11 opinions
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- In Re Stalvey & Associates, Inc.Court of Appeals for the Fifth Circuit · 1985
- In Re ESM GOVERNMENT SECURITIES, INC., Debtor. Thomas TEW, as Trustee, Plaintiff-Appellee, v. RESOURCE MANAGEMENT, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1987
- In Re Hanover Square SecuritiesUnited States Bankruptcy Court, S.D. New York · 1985
- In Re Co Petro Marketing Group, Inc.Court of Appeals for the Ninth Circuit · 1982
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