Legal Opinion

Suntrust Bank v. DEN-MARK CONSTRUCTION, INC.

District Court, E.D. North Carolina

Decided April 7, 2009No. 5:08-cv-529PublishedCited by 15 opinions

1Opinion of the Court

JAMES C. FOX, Senior District Judge.

This matter is before the court on appeal by Creditor-Appellant SunTrust Bank (“SunTrust” or “Appellant”) from an order entered by the United States Bankruptcy Court for the Eastern District of North Carolina. On August 6, 2006, U.S. Bankruptcy Judge Randy D. Doub entered an order authorizing Debtor-Appellee Marcus Edwards Development, LLC (“Marcus Edwards,” “debtor,” or “Appel-lee”) to enter a post-petition financing arrangement with Capital Bank pursuant to 11 U.S.C. § 364(d). [DE-2.15]. 1 The issues on appeal have been fully briefed by the parties, and…

2Cases cited30 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  3. In Re Briggs Transportation Company, Debtor. Lend Lease, a Division of National Car Rental Systems, Inc. v. Briggs Transportation Company, in Re Briggs Transportation Company, Debtor. General Motors Acceptance Corporation v. Briggs Transportation CompanyCourt of Appeals for the Eighth Circuit · 1986
  4. Bankr. L. Rep. P 71,146 in Re Snowshoe Company, Inc., Debtor. (Three Cases). Michael L. Bray, Trustee v. Shenandoah Federal Savings and Loan Association, and Ingersoll-Rand Financial Credit Corporation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond, Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc., (Two Cases). Michael L. Bray, Trustee v. Ingersoll-Rand Financial Credit Corporation, and Shenandoah Federal Savings and Loan Assocation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc.Court of Appeals for the Fourth Circuit · 1986
  5. Equitable Life Assurance Society v. James River Associates (In Re James River Associates)District Court, E.D. Virginia · 1992

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3Cited by15 opinions

  1. In Re Yl West 87th Holdings I LLCUnited States Bankruptcy Court, S.D. New York · 2010
  2. Drake v. Franklin Equipment Co. (In Re Franklin Equipment Co.)United States Bankruptcy Court, E.D. Virginia · 2009
  3. In re Packard Square LLCUnited States Bankruptcy Court, E.D. Michigan · 2017
  4. First Security Bank & Trust Co. v. VegtDistrict Court, N.D. Iowa · 2014
  5. Joseph v. CooperDistrict Court, W.D. North Carolina · 2015

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