Legal Opinion

Capital Factors, Inc. v. Homeline Corp. (In Re General Plastics Corp.)

United States Bankruptcy Court, S.D. Florida.

Decided August 19, 1993No. 18-24778PublishedCited by 11 opinions

1Opinion of the Court

CONTENTS

Introduction

FINDINGS OF FACT

I. The Parties

II. The Original Factoring Agreement

A. Assignment of Invoices to Capital Factors

B. Definition and Effect of Pre-Billing

C. Advancement of Funds Against Assigned Invoices

D. Computing Interest Charges and Factoring Commissions

E. Summary

III. Relevant Events from April 1986 through June 1990

A. Advances Starting in 1986 and Discovery of Pre-Billing in 1987

B. The 1988 Amendment to the Agreement

C. Capital Factors’ June 1990 Reduction in the Advance Rate from 85% to

70%

IV. Relevant Events from June 1990 to March 1991

A. General Plastics’ Shipments Via…

2Cases cited36 opinions

  1. Glass City Bank v. United StatesSupreme Court of the United States · 1945
  2. Excelsior Ins. Co. v. Pomona Park Bar & Package StoreSupreme Court of Florida · 1979
  3. Ethyl Corp. v. BalterDistrict Court of Appeal of Florida · 1980
  4. Belford Trucking Co. v. ZagarDistrict Court of Appeal of Florida · 1970
  5. National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991

31 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. St. Joe Corp. v. McIverSupreme Court of Florida · 2004
  2. United States v. BaileyDistrict Court, M.D. Florida · 2003
  3. United States v. F. Lee BaileyCourt of Appeals for the Eleventh Circuit · 2005
  4. NETWORKIP, LLC v. Spread Enterprises, Inc.District Court of Appeal of Florida · 2006
  5. Capital Factors, Inc. v. General Plastics Corp. (In Re General Plastics Corp.)United States Bankruptcy Court, S.D. Florida. · 1994

6 more not listed; retrieve them via the Exa API.

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