Legal Opinion

In Re Glade Springs, Inc.

United States Bankruptcy Court, E.D. Tennessee

Decided March 21, 1985No. Bankruptcy 3-83-01854PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON OBJECTION TO CLAIM NO. 57

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether a confirming bank, U.C.C. § 5-103(f) (1977), 1 that honors a letter of credit is entitled to equitable subro-gation to the rights of the issuer of the credit under a deed of trust executed to secure the issuer. The facts are stipulated.

I

The debtor, Glade Springs, Inc., is a Delaware corporation. One hundred (100) percent of its stock is owned by D. Broward Craig as trustee for another bankruptcy estate. 2 Debtor owned and operated a resort and residential complex in West Virginia when it filed…

2Cases cited11 opinions

  1. Curry v. McCanlessSupreme Court of the United States · 1939
  2. In Re New England Fish CompanyCourt of Appeals for the Ninth Circuit · 1984
  3. Crab Orchard Improvement Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1940
  4. Bonham v. Coe, KatzNew York Court of Appeals · 1937
  5. Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937

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

3Cited by13 opinions

  1. Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988
  2. In Re RussellUnited States Bankruptcy Court, W.D. Arkansas · 1989
  3. Ridge v. Smothers (In Re Smothers)United States Bankruptcy Court, W.D. Kentucky · 1986
  4. In Re Glade Springs, Inc., Debtor. Chemical Bank, Claimant-Appellant v. D. Broward Craig, Trustee of David A. CrabtreeCourt of Appeals for the Sixth Circuit · 1987
  5. Leonard A. Feinberg, Inc. v. Central Asia Capital Corp., Ltd.District Court, E.D. Pennsylvania · 1997

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

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