Legal Opinion

Elgin State Bank v. S. Z. Bennett (In re All American Holding Corp.)

United States Bankruptcy Court, S.D. Florida.

Decided March 5, 1981No. Bankruptcy No. 80-01278-BKC-TCB; Adv. No. 80-0382-BKC-TCB-APublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff, Elgin State Bank, seeks to impress its second mortgage lien upon $80,-000 which is before the court as the result of liquidation of this chapter 11 debtor’s property. (C.P. No. 2) The holders of the first mortgage lien, the trustees of a Chapter X debtor, G.A.C. Corporation, acknowledge that their lien has been fully satisfied. (C.P. No. 12). The owner of the property, All American Holding Corporation, claims all of the $80,000. (C.P. No. 13) The stakeholders of the $80,000 are before the court and all parties agree that…

2Cases cited3 opinions

  1. Meyer v. United StatesSupreme Court of the United States · 1963
  2. Jacksonville Port Authority, a Body Politic and Corporate of the State of Florida v. Brock Adams, as Secretary of Transportation of the United StatesCourt of Appeals for the D.C. Circuit · 1977
  3. Central Maine Power Company v. Federal Power CommissionCourt of Appeals for the First Circuit · 1965

3Cited by2 opinions

  1. Matter of Kids Stop of America, Inc.United States Bankruptcy Court, M.D. Florida · 1986
  2. All American Holding Corp. v. Elgin State BankDistrict Court, S.D. Florida · 1982

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