Legal Opinion
In the Matter of Atlanta International Raceway, Inc., Bankrupt. Security National Bank v. Stacey W. Cotton, Trustee
Court of Appeals for the Fifth Circuit
Decided May 22, 1975No. 74-2787PublishedCited by 26 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
This appeal presents for review the question whether a provision for attorney’s fees in a promissory note can be enforced in a Chapter X reorganization proceeding under the Bankruptcy Act when the creditor has not attempted to fulfill the preconditions to validity of a lien for such fees until after the Chapter X petition has been filed, and in the face of a prohibitory injunction against the enforcement of all liens on the bankruptcy estate. The District Court answered this question in the negative. We affirm.
I. Factual Background
On March 24, 1969, Atlanta…
2Cases cited28 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- Young v. Higbee Co.Supreme Court of the United States · 1945
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- 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
- In Re W.S. Sheppley & Co.United States Bankruptcy Court, N.D. Iowa · 1986
- ITT Industrial Credit Co. v. Scarboro (In Re Scarboro)District Court, M.D. Georgia · 1981
- Midland Mutual Life Insurance v. Masnorth Corp. (In Re Masnorth Corp.)United States Bankruptcy Court, N.D. Georgia · 1983
- In Re BanksUnited States Bankruptcy Court, N.D. Alabama · 1982
21 more not listed; retrieve them via the Exa API.