Legal Opinion
In Re: Seko Investment, Inc., a Nevada Corporation, Debtor. Chicago Title Insurance Company v. Seko Investment, Inc.
Court of Appeals for the Ninth Circuit
Decided September 28, 1998No. 96-56508PublishedCited by 28 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge:
We must decide whether section 303(b) of the Bankruptcy Code strips a creditor of standing to thrust a debtor into involuntary bankruptcy if the. debtor asserts a counterclaim against the creditor.
Background
Seko, the accused bankrupt here, borrowed $750,000 from two lenders in 1986, pledging real estate as security. Chicago Title issued an owner’s title insurance policy on the property to Seko and separate title insurance policies to the lenders. In 1988 things began to unravel. An unrelated company, alleging that Seko had doctored the title documents, claimed…
2Cases cited14 opinions
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Horace Mann Ins. Co. v. Barbara B.California Supreme Court · 1993
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
- In re Vortex Fishing Systems, Inc.Court of Appeals for the Ninth Circuit · 2002
- Credit Union Liquidity Services, L.L.C. v. Green Hills Development Co.Court of Appeals for the Fifth Circuit · 2014
- Liberty Tool, & Manufacturing v. Vortex Fishing Systems, Inc. (In re Vortex Fishing Systems, Inc.)Court of Appeals for the Ninth Circuit · 2001
23 more not listed; retrieve them via the Exa API.