Legal Opinion

In Re RL Kelly and Sons, Millers

United States Bankruptcy Court, D. Maryland

Decided March 14, 1991No. 19-12640PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION MODIFYING PARTNERSHIP TRUSTEE’S PROPOSED ORDER OF DISTRIBUTION AND GRANTING CERTAIN RELIEF AS TO PARTNER ESTATES

E. STEPHEN DERBY, Bankruptcy Judge.

The partnership trustee’s proposed distribution raises issues of how secured claims should be allocated and prioritized among the Chapter 7 bankruptcy estates of a partnership and of its partners.

I. Facts.

R.L. Kelly and Sons, Millers, was a Maryland general partnership which operated a mill. The partners were three brothers— Austin, Earl and Donald Kelly. Each was married. The partnership, Austin, Earl, and Evelyn, wife of…

2Cases cited20 opinions

  1. Menard-Sanford v. A.H. Robins Co.Supreme Court of the United States · 1989
  2. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  3. Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
  4. Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
  5. Jordan v. ReynoldsCourt of Appeals of Maryland · 1907

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3Cited by4 opinions

  1. Commercial Bank v. Price (In Re Notchcliff Associates)United States Bankruptcy Court, D. Maryland · 1992
  2. Blackwell v. LurieNew Mexico Court of Appeals · 2003
  3. Liebmann v. Brown (In Re Bonded Jewelry Center)United States Bankruptcy Court, D. Maryland · 1997
  4. In Re FieldUnited States Bankruptcy Court, D. South Carolina · 1998

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