Legal Opinion

Brown v. Sayyah (In Re ICH Corp.)

District Court, N.D. Texas

Decided February 4, 1999No. 3:98-cv-02197PublishedCited by 17 opinions

1Opinion of the Court

FITZWATER, District Judge.

This appeal presents the question whether the bankruptcy court erred in holding that a debenture did not, as a matter of law, include original issue discount (“OID”). Concluding that the bankruptcy court erred, its judgment is reversed and this adversary proceeding is remanded for further proceedings.

I

The relevant background facts are largely undisputed and may be found in the bankruptcy court’s decision below. In re I.C.H. Corp., 219 B.R. 176, 179-81 (Bankr. N.D.Tex.1998). On June 1, 1981 Sayyah Corporation entered into a stock purchase agreement (“Agreement”) with…

2Cases cited13 opinions

  1. Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Ellis E. NICHOLS, Jr., Plaintiff-Appellant, v. LORAL VOUGHT SYSTEMS CORPORATION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  3. In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
  4. In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
  5. Joint Industry Board of Electrical Industry v. United StatesSupreme Court of the United States · 1968

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2003
  2. Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002
  3. Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2002
  4. Nary v. Complete Source (In Re Nary)District Court, N.D. Texas · 2000
  5. Rogers v. B-Real, L.L.C. (In Re Rogers)United States Bankruptcy Court, M.D. Louisiana · 2008

12 more not listed; retrieve them via the Exa API.

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