Legal Opinion
Exchange Bank of Kingstree v. South Carolina National Bank (In Re Dig It, Inc.)
United States Bankruptcy Court, D. South Carolina
Decided February 1, 1991No. 19-00137PublishedCited by 16 opinions
1Opinion of the Court
WILLIAM THURMOND BISHOP, Bankruptcy Judge.
Plaintiff seeks a declaratory judgment that the Trustee may not rely upon the doctrine of marshaling to force the Plaintiff to forgo its security interest and lien in the Debtor’s receivables. By its cross-claim against the Trustee, Defendant SCN seeks the same declaration as Plaintiff. By his counterclaim, the Trustee seeks to invoke marshaling to require the Plaintiff to satisfy its claim against the estate from its mortgage lien on debtor’s real property. Plaintiff and Defendant Trustee have each moved for summary judgment; Plaintiff filed and…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
- Meyer v. United StatesSupreme Court of the United States · 1963
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- Federal Land Bank of Columbia v. Tidwell (In Re McElwaney)United States Bankruptcy Court, M.D. Georgia · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Houghton (In Re Szwyd)District Court, D. Massachusetts · 2009
- Ballard v. Thoennes (In re Thoennes)United States Bankruptcy Court, D. South Carolina · 2015
- Houghton v. United States (In Re Szwyd)United States Bankruptcy Court, D. Massachusetts · 2008
- In Re BorgesUnited States Bankruptcy Court, D. Connecticut · 1995
- Hovis v. General Dynamics Corp. (In Re Hovis)United States Bankruptcy Court, D. South Carolina · 2005
11 more not listed; retrieve them via the Exa API.