Legal Opinion

Grundy National Bank v. Shortt

District Court, W.D. Virginia

Decided December 17, 1987No. Civ. A. 87-0250-APublishedCited by 9 opinions

1Opinion of the Court

GLEN M. WILLIAMS, District Judge.

This appeal is before the court on the Order of the United States Bankruptcy Court dated August 27, 1987 denying appellant’s motion to dismiss appellees’ Chapter 11 proceeding.

The appeal raises one primary and several secondary issues. The most noteworthy question is whether persons not engaged in business may seek relief under Chapter 11 of the Bankruptcy Code. The federal appellate courts are divided on this issue and precedent from within the Fourth Circuit is almost nonexistent. The secondary issues raised by the appellant are factual disputes as to…

2Cases cited11 opinions

In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
In Re Zelda Moog, Debtor-AppellantCourt of Appeals for the Eleventh Circuit · 1985
William Joseph Wamsganz and Wanda A. Wamsganz v. Boatmen's Bank of De SotoCourt of Appeals for the Eighth Circuit · 1986
Warner v. Universal Guardian Corp. (In Re Warner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

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

3Cited by9 opinions

Internal Revenue Service v. Robinson (In Re Robinson)District Court, E.D. Virginia · 1994
In Re CanionUnited States Bankruptcy Court, S.D. Texas · 1989
In Re FernandezUnited States Bankruptcy Court, E.D. North Carolina · 1989
Internal Revenue Service v. Wingfield (In Re Wingfield)District Court, E.D. Virginia · 2002
In Re WilksUnited States Bankruptcy Court, W.D. Texas · 1991

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