Legal Opinion

Walker v. Federal Land Bank of Columbia

District Court, M.D. Florida

Decided April 20, 1979No. 78-305-Civ-J-CPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

CARR, District Judge.

The Appellant in this bankruptcy appeal is Hampton J. Walker as Trustee under a trust agreement known as the “Walker Land Trust”. Walker, as Trustee, filed a petition under Chapter XII of the Bankruptcy Act, 11 U.S.C. § 801 et seq. Walker also filed the petition individually. The Appellee, a secured creditor of the Appellant, filed a Motion to Dismiss Walker as Trustee, claiming that the trust is not a person eligible to file a petition under Chapter XII. The bankruptcy judge granted the Motion, and Walker took this appeal.

The issue on appeal is whether…

2Cases cited5 opinions

  1. Pope & Cottle Co. v. Fairbanks Realty TrustCourt of Appeals for the First Circuit · 1941
  2. Associated Cemetery Management, Inc., Employees' Profit Sharing Trust v. Z. C. BarnesCourt of Appeals for the Eighth Circuit · 1959
  3. Mayo v. Barnett Bank of PensacolaDistrict Court, N.D. Florida · 1978
  4. In Re BloomDistrict Court, N.D. Illinois · 1935
  5. In re the Estate of HillerDistrict Court, N.D. California · 1965

3Cited by9 opinions

  1. In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
  2. In the Matter of Gladstone Glen, a Partnership, Debtor. Appeal of Michael SparksCourt of Appeals for the Seventh Circuit · 1980
  3. In Re CahillUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
  4. Matter of MaidmanUnited States Bankruptcy Court, S.D. New York · 1980
  5. In Re Old Second National Bank of AuroraUnited States Bankruptcy Court, N.D. Illinois · 1980

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