Legal Opinion
Topcon Instrument Corp. of America v. West Coast Optical Instruments, Inc. (In Re West Coast Optical Instruments, Inc.)
District Court, M.D. Florida
Decided September 2, 1992No. 89-853-CIV-T-15A. Bankruptcy No. 87-2574-8P1. Adv. No. 87-420PublishedCited by 3 opinions
1Opinion of the Court
ORDER
RONEY, Senior Circuit Judge.
Appellant Topcon Instrument Corporation of America appeals from a Bankruptcy Court order denying Topeon’s request to require the marshaling of the fixed assets of debtor West Coast Optical Instruments, Inc. Because injury to unsecured creditors does not provide a basis for the denial for a marshaling request, the order of the Bankruptcy Court is reversed.
West Coast Optical Instruments, Inc. (debtor) filed its Chapter 11 petition in May 1987. Jack L. Johnston is the founder of West Coast Optical, and served as an officer, director, and controlling shareholder…
2Cases cited12 opinions
- Meyer v. United StatesSupreme Court of the United States · 1963
- In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- Duck v. Wells Fargo Bank, National Ass'n (In Re Spectra Prism Industries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Federal Land Bank of Columbia v. Tidwell (In Re McElwaney)United States Bankruptcy Court, M.D. Georgia · 1984
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3Cited by3 opinions
- In Re BorgesUnited States Bankruptcy Court, D. Connecticut · 1995
- In Re TalmoUnited States Bankruptcy Court, S.D. Florida. · 1996
- Hennessey Capital SE, LLC v. David (In Re Miller Engineering, Inc.)United States Bankruptcy Court, S.D. Florida. · 2008