Legal Opinion
Club Associates v. Consolidated Capital Realty Investors (In re Club Associates)
Court of Appeals for the Eleventh Circuit
Decided January 28, 1992No. 90-9056PublishedCited by 35 opinions
1Opinion of the Court
MORGAN, Senior Circuit Judge:
This bankruptcy appeal presents the question of whether an hypothecation or pledge of a note and security deed as collateral for a loan is equivalent to a sale sufficient to trigger the right of first refusal in the security deed. Respectively granting summary judgment, both the bankruptcy court and the district court concluded that neither the decision to sell nor a sale was evidenced. After thoroughly reviewing the record, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
In November, 1984, debtor-appellant Club Associates (Club), a Georgia limited partnership,1…
2Cases cited45 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Arlington Leon Brown, 036932 v. Sgt. Chris Hughes, Chief Deputy Charles Tompkins, Etc.Court of Appeals for the Eleventh Circuit · 1990
- In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
- Wegner v. GrunewaldtCourt of Appeals for the Eighth Circuit · 1987
- Ferrero v. Associated Materials Inc.Court of Appeals for the Eleventh Circuit · 1991
40 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- JWL Entertainment Group, Inc. v. Solby+Westbrae Partners, 19 SHC, Corp.Court of Appeals for the Eleventh Circuit · 2015
- Lightner v. LohnDistrict Court, M.D. Florida · 2002
- Perry v. United StatesDistrict Court, M.D. Alabama · 2013
- Kentucky Higher Educ. Assistance Auth. v. Norris (In Re Norris)District Court, M.D. Alabama · 1999
- SuVicMon Development, Inc. v. Charles Morrison, Sr.Court of Appeals for the Eleventh Circuit · 2021
30 more not listed; retrieve them via the Exa API.