Legal Opinion
In Re Gardinier, Inc., Debtor. J. Leland Byrd, D/B/A Kilgore Real Estate v. Gardinier, Inc., Alvin Bernstein, as Trustee of Reorganization Trust No. 1
Court of Appeals for the Eleventh Circuit
Decided November 5, 1987No. 86-3638PublishedCited by 63 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
The issue in this bankruptcy case is whether an agreement to pay a brokerage commission, contained within the same document as a purchase and sale agreement, is a separate and distinct contract from the purchase and sale agreement. The district court, reversing the bankruptcy court, held that the agreements were not separate and distinct. We reverse the district court.
I. BACKGROUND
On February 11, 1985, the debtor, Gardi-nier, Inc., filed a voluntary petition for reorganization relief under Chapter 11 of the Bankruptcy Code. Before filing its petition, Gardinier had…
2Cases cited25 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- Richmond Leasing Co. v. Capital Bank, N.A.Court of Appeals for the Fifth Circuit · 1985
- United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
20 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- In Re: United Air Lines, Inc., Debtor. United Air Lines, Inc. v. Hsbc Bank USA as Paying Agent, and City and County of DenverCourt of Appeals for the Seventh Circuit · 2006
- Chira v. SaalCourt of Appeals for the Eleventh Circuit · 2009
- In Re Leslie Fay Companies, Inc.United States Bankruptcy Court, S.D. New York · 1994
58 more not listed; retrieve them via the Exa API.