Legal Opinion

TNB Financial, Inc v. James F Parker Int

Court of Appeals for the Fifth Circuit

Decided March 12, 2001No. 00-50301PublishedCited by 46 opinions

1Opinion of the Court

RESTANI, Judge:

This is an appeal of a district court order affirming a bankruptcy court order of surcharge. The surcharged lienholder appeals. We hold that the bankruptcy court erred in not granting the lienholder’s objection to the surcharge. Any technical failure to meet the deadline for objections should not have been determinative under the unique facts of this case.

FACTS AND PRIOR PROCEEDINGS

Grimland, Inc. (“Grimland”) operated an automotive transmission and engine re building business in Austin, Texas, before it filed a petition for bankruptcy under Chapter 7 in January of 1999.…

2Cases cited12 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack RibackCourt of Appeals for the Fifth Circuit · 1981
  3. Halicki v. Louisiana Casino Cruises, Inc.Court of Appeals for the Fifth Circuit · 1998
  4. In the Matter of Robintech, Inc., Debtor. Oppenheim, Appel, Dixon & Co. v. Bob Bullock, Comptroller of Public Accounts of the State of TexasCourt of Appeals for the Fifth Circuit · 1989
  5. Chick Kam Choo v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1983

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

3Cited by46 opinions

  1. Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002
  2. Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In Re Thorpe Insulation Co.)Court of Appeals for the Ninth Circuit · 2012
  3. Jeffrey Hess v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
  4. General Universal Systems, Inc. v. LeeCourt of Appeals for the Fifth Circuit · 2004
  5. Bank of New York Trust Co. v. Official Unsecured Creditors' CommitteeCourt of Appeals for the Fifth Circuit · 2009

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

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