Legal Opinion
P. D. Q., Inc. v. Nissan Motor Corp. in U. S. A.
Court of Appeals for the Fifth Circuit
Decided August 1, 1978No. Nos. 77-1658, 77-2572PublishedCited by 2 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
This case is yet another aspect of the bankruptcy of Barbara Garfinkle.1 In this portion of the case the bankruptcy judge ruled that Curtis Katz had no surviving interest in the primary asset involved in the bankruptcy, the Eden Roc Hotel. Katz’s asserted interest had arisen from loans made to Barbara Garfinkle.
At the outset of the Chapter XII arrangement proceedings,2 the Trustee sought a show cause order, which, if granted, would have restrained further lien enforcement proceedings in any other court, ordered the Trustee for the Eden Roc Corporation to transfer the…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- United States v. O. C. Trout, Jr. And Wife, Dora S. Trout, O. C. Trout, Jr. And Wife, Dora S. Trout v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Hedrick v. PerryCourt of Appeals for the Tenth Circuit · 1939
- In the Matter of Barbara Garfinkle, Bankrupt. Commercial Trading Company, Inc., Kenneth J. Weil, Trustee in Bankruptcy v. Morris LansburghCourt of Appeals for the Fifth Circuit · 1978
- Thompson v. Baltimore & OR Co.Court of Appeals for the Eighth Circuit · 1946
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3Cited by2 opinions
- In Re Nissan Antitrust Litigation. P. D. Q., Inc. Of Miami v. Nissan Motor Corporation in U. S. A. And Nissan Motor Company, Ltd.Court of Appeals for the Fifth Circuit · 1978
- Broadhollow Funding Corp. v. Fitzmaurice (In Re Broadhollow Funding Corp.)United States Bankruptcy Court, E.D. New York · 1986