Legal Opinion

Adams v. Evans

Court of Appeals for the Fifth Circuit

Decided April 10, 1981No. 79-3561PublishedCited by 2 opinions

1Opinion of the Court

GEE, Circuit Judge:

We are called upon in this appeal to consider for the first time — and, since the statute has now been replaced, probably for the last — the scope of a bankruptcy court’s authority to disallow a contingent or unliquidated claim under section 57(d) of the old Bankruptcy Act, 11 U.S.C. § 93(d) (1976) (repealed).

In 1974, Bryan Adams sold a duplex to Paul and Myneka Evans. The Evanses contend that Adams promised to correct certain deficiencies in the property if they purchased it, that he failed to do so, and that, indeed, he never intended to do so. On the basis of these…

2Cases cited5 opinions

  1. Cartridge Television, Inc. v. TulchinCourt of Appeals for the Second Circuit · 1976
  2. Securities and Exchange Commission v. An-Car Oil Company, Inc., Cyrus W. Partington, Intervenors-AppellantsCourt of Appeals for the First Circuit · 1979
  3. In the Matter of Charles F. Schwab, Bankrupt. Colorado Livestock Production Credit Assoc. v. Charles F. SchwabCourt of Appeals for the Fifth Circuit · 1980
  4. In the Matter of William Rakestraw Co., Inc., Bankrupt. Marin Foods, Inc. v. Walter J. Hempy, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1971
  5. Schaefer v. SmithCourt of Appeals for the Tenth Circuit · 1972

3Cited by2 opinions

  1. Aric Carnegia v. Georgia Higher Education Assistance CorporationCourt of Appeals for the Eleventh Circuit · 1982
  2. In Re AdamsCourt of Appeals for the Fifth Circuit · 1981

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