Legal Opinion
Bank of Commerce v. Freels (In Re Southern Industrial Banking Corp.)
United States Bankruptcy Court, E.D. Tennessee
Decided January 30, 1985No. Bankruptcy No. 3-83-00372, Adv. No. 3-84-0146PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTIONS OF PLAINTIFF AND DEFENDANT FOR SUMMARY JUDGMENT
CLIVE W. BARE, Bankruptcy Judge.
At issue is whether the remedy of equitable cancellation, sought by defendants in a state court action regarding allegedly forged deeds of trust, constitutes a “claim” under 11 U.S.C.A. § 101(4)(B) (1979).
Also at issue is whether creditors who had actual knowledge of the debtor’s reorganization case, but who were given none of the requisite notice or documentation concerning the proceedings and applicable deadlines, may be barred by the discharge arising upon confirmation of the…
2Cases cited6 opinions
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Ohio v. KovacsSupreme Court of the United States · 1985
- Reliable Electric Co., Inc. v. Olson Construction CompanyCourt of Appeals for the Tenth Circuit · 1984
- Vance v. SchulderTennessee Supreme Court · 1977
- In the Matter of Intaco Puerto Rico, Inc., Debtor. Appeal of Gabriel Alvarez & AssociatesCourt of Appeals for the First Circuit · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gens v. Resolution Trust Corp.Court of Appeals for the First Circuit · 1997
- Dade County School District v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1985
- DuVoisin v. Anderson (In Re Southern Industrial Banking Corp.)United States Bankruptcy Court, E.D. Tennessee · 1986
- In Re Realty Trust Corp.District Court, Northern Mariana Islands · 1992
- Gens v. ResolutionCourt of Appeals for the First Circuit · 1997