Legal Opinion

In Re Dwayne Sunberg, Patricia Sunberg, Engaged in Farming, Debtors

Court of Appeals for the Eighth Circuit

Decided March 7, 1984No. 83-1726PublishedCited by 84 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Dwayne and Patricia Sunberg filed a voluntary petition in bankruptcy under Chapter 11 of the 1978 Bankruptcy Code on April 12, 1983. They appeal from a May 16, 1983, order of the bankruptcy court, 35 B.R. 777, denying their application to incur secured debt under 11 U.S.C. § 364 (1982). They allege that the court erred in finding that their benefits under the 1983 payment-in-kind program of the United States Department of Agriculture (USDA) were general intangibles pledged as security under the after-acquired clause in a security agreement entered with the Production…

2Cases cited4 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. In the Matter of William Guy Munger, Bankrupt. Ernest J. Pombo v. Jack A. Ulrich, TrusteeCourt of Appeals for the Ninth Circuit · 1974
  3. First State Bank of Abernathy v. Holder (In Re Nivens)United States Bankruptcy Court, N.D. Texas · 1982
  4. Matter of SunbergUnited States Bankruptcy Court, S.D. Iowa · 1983

3Cited by84 opinions

  1. In Re J. Catton Farms, Inc., Debtor-Appellant v. The First National Bank of ChicagoCourt of Appeals for the First Circuit · 1985
  2. In the Matter of Leland G. Schmaling and Mary F. Schmaling, Debtors. Appeal of Esther J. Schmaling, Leland G. Schmaling and Mary F. SchmalingCourt of Appeals for the Seventh Circuit · 1986
  3. In Re Scotty Lee Schneider and Anna Lucille Schneider, Debtors. Scotty Lee Schneider & Anna Lucille Schneider v. Edward J. Nazar, TrusteeCourt of Appeals for the Tenth Circuit · 1988
  4. United States v. Hollie (In Hollie)United States Bankruptcy Court, M.D. Georgia · 1984
  5. United Virginia Bank Kanawha Valley Bank, N.A. The Charleston National Bank v. Slab Fork Coal Company, in Re Slab Fork Coal Company, DebtorCourt of Appeals for the Fourth Circuit · 1986

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