Legal Opinion

Ambassador Factors v. First American Bulk Carrier Corp. (In re Topgallant Lines, Inc.)

United States Bankruptcy Court, S.D. Georgia

Decided August 30, 1996No. Bankruptcy No. 89-41996; Adversary No. 90-4072PublishedCited by 1 opinion

1Opinion of the Court

LAMAR W. DAVIS, Jr., Bankruptcy Judge.

ORDER ON MOTIONS TO AMEND PRE-TRIAL

First American Bulk Carrier Corporation (“FABC”) has asked this Court to reconsider and amend the Pre-Trial Order filed on August 12, 1996, to recognize its standing to pursue a Section 506(c) claim against Ambassador Factors’ collateral consisting of freights of the final voyage of the MTV Delaware Bay. That Motion is denied. Although FABC correctly argues that the majority view supports its position, the matter has not been decided in this Circuit. I have carefully read the decisions on both sides of this issue and…

2Cases cited11 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
Patterson v. ShumateSupreme Court of the United States · 1992
Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
Republic Health Corporation v. Lifemark Hospitals of Florida, Inc., Associated Medical Institutions, Inc., and Hialeah Hospitals, Inc.Court of Appeals for the Eleventh Circuit · 1985

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3Cited by1 opinion

Matter of GordonUnited States Bankruptcy Court, S.D. Georgia · 1997