Legal Opinion

In Re Timothy W. McCormick Debtor. Timothy W. McCormick v. Banc One Leasing Corporation, U.S. Trustee

Court of Appeals for the Eleventh Circuit

Decided April 19, 1995No. 94-2381PublishedCited by 37 opinions

Non-Argument Calendar.

1Per curiam

The debtor appeals the denial of his Chapter 11 reorganization plan for lack of good faith in an order which simply stated that “The Debtor’s invocation of his Fifth Amendment privilege in connection with this case demonstrates that the Plan of Reorganization was not filed in good faith.” . The debtor had invoked the Fifth Amendment and refused to testify in a related adversary proceeding. The district court affirmed without opinion. This appeal comes without the benefit of a brief from the appellee.

On the simple issue presented by this appeal, we hold that the debtor’s assertion of the Fifth…

2Cases cited8 opinions

  1. McCarthy v. ArndsteinSupreme Court of the United States · 1924
  2. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
  3. In The Matter Of Sun Country Development, Inc.Court of Appeals for the Fifth Circuit · 1985
  4. In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983
  5. In Re ConnellyUnited States Bankruptcy Court, N.D. Illinois · 1986

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3Cited by37 opinions

  1. Kaiser Aerospace & Electronics Corp. v. Teledyne Industries, Inc.Court of Appeals for the Eleventh Circuit · 2001
  2. Gannett v. CarpCourt of Appeals for the First Circuit · 2003
  3. SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In Re Seaside Engineering & Surveying, Inc.)Court of Appeals for the Eleventh Circuit · 2015
  4. In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
  5. United States v. Jones (In Re Jones)District Court, M.D. Alabama · 1999

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

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