Legal Opinion

In Re WWG INDUSTRIES, INC., Debtor, WWG INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED TEXTILES, INC., Defendant-Appellee

Court of Appeals for the Eleventh Circuit

Decided September 30, 1985No. 84-8615PublishedCited by 16 opinions

1Opinion of the Court

PITTMAN, District Judge:

This appeal arises from a Chapter 11 bankruptcy proceeding in which WWG Industries, Incorporated (WWG), is the debt- or-in-possession. Both the bankruptcy court and the district court held that WWG’s interest as debtor-in-possession in certain property was inferior to a mechanic’s lien held by United Textiles, Incorporat ed (United). WWG contends that both courts were in error. This court affirms the district court for the reasons set out herein.

I. Factual Background and Prior Proceedings

The facts in this case are not disputed. Prior to filing a petition for…

2Cases cited4 opinions

  1. In Re SabermanUnited States Bankruptcy Court, N.D. Illinois · 1980
  2. Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
  3. Milner v. WellhouseSupreme Court of Georgia · 1918
  4. Glover Linoleum & Carpet Co. v. TutterowCourt of Appeals of Georgia · 1981

3Cited by16 opinions

  1. In Re Lionel CorporationCourt of Appeals for the Second Circuit · 1994
  2. In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, TrusteeCourt of Appeals for the Sixth Circuit · 1995
  3. In Re Microfab, Inc.United States Bankruptcy Court, D. Massachusetts · 1989
  4. Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
  5. Ivester v. MillerDistrict Court, M.D. North Carolina · 2008

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