Legal Opinion
Central States, Southeast & Southwest Areas Pension Fund v. Robbins (In Re Interstate Motor Freight System, IMFS, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided May 10, 1988No. 19-00673PublishedCited by 13 opinions
1Opinion of the Court
OPINION
LAURENCE E. HOWARD, Bankruptcy Judge.
MOTION TO DISMISS COUNT II
All the defendants with the exception of James Robbins, trustee, and National Acceptance Company of America, have brought a motion to dismiss Count II of the plaintiffs’ complaint. The moving defendants contend that the count must be dismissed because the court cannot grant the plaintiffs the relief they seek under it without violating sections 506(c) and 726(b) of title 11 of the United States Code. In an earlier decision in this adversary proceeding, See 71 B.R. 741 (Bankr., W.D.Mich. 1987), this court dismissed Count I,…
2Cases cited17 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Reading Co. v. BrownSupreme Court of the United States · 1968
- 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
- In the Matter of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Debtor. Appeals of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago Milwaukee Corporation, and Chicago, Milwaukee, St. Paul and Pacific Railroad Bond and Debenture Holders Protective CommitteeCourt of Appeals for the Seventh Circuit · 1986
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3Cited by13 opinions
- In re PenrodCourt of Appeals for the Seventh Circuit · 1995
- Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
- In Re Mechanical Maintenance, Inc.District Court, E.D. Pennsylvania · 1991
- In the Matter of John Penrod and Alyce J. Penrod, Debtors-Appellees. Appeal of Financial Institutions Liquidation Corporation, Formerly Known as Mutual Guaranty Corporation, Successor in Interest to the Clinton County Farm Bureau Cooperative Association Credit UnionCourt of Appeals for the Seventh Circuit · 1995
- White Front Feed & Seed, Division of Paul Lammers & Sons, Inc. v. State National Bank of Platteville (In Re Ramaker)United States Bankruptcy Court, N.D. Iowa · 1990
8 more not listed; retrieve them via the Exa API.