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Legal Opinion

In the Matter Of: Elray RASH and Jean Rash, Debtors. ASSOCIATES COMMERCIAL CORPORATION, Appellant, v. Elray RASH and Jean Rash, Appellees

Court of Appeals for the Fifth Circuit

Decided August 16, 1995No. 93-5396PublishedCited by 14 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before REYNALDO G. GARZA, SMITH, and PARKER, Circuit Judges. JERRY E. SMITH, Circuit Judge:

The petition for panel rehearing is DENIED. The opinion, 31 F.3d 325 (5th Cir. 1994), is modified to delete, as dicta, the last portion of part II, beginning with the incomplete paragraph that begins on 31 F.3d at 329, through the end of part II, id. at 331.

In their suggestion for rehearing en banc, which remains pending despite our denial of panel rehearing, the debtors assail this court’s holding that retail or replacement value is to be used to value collateral that a debtor…

2Cases cited11 opinions

  1. In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
  2. In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon BalbusCourt of Appeals for the Fourth Circuit · 1991
  3. In Re Donald Allen Trimble, Debtor. Metrobank, Creditor/appellant v. Donald Allen Trimble, Debtor/appelleeCourt of Appeals for the Eighth Circuit · 1995
  4. In the Matter of Elray Rash and Jean Rash, Debtors. Associates Commercial Corporation v. Elray Rash and Jean RashCourt of Appeals for the Fifth Circuit · 1994
  5. Lomas Mortgage USA v. WieseCourt of Appeals for the Ninth Circuit · 1992

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

3Cited by14 opinions

  1. In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
  2. In Re 203 North LaSalle Street Ltd. PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1995
  3. Bank of America, Illinois v. 203 North Lasalle Street PartnershipDistrict Court, N.D. Illinois · 1996
  4. In Re DewsUnited States Bankruptcy Court, E.D. Virginia · 1995
  5. In Re ByingtonUnited States Bankruptcy Court, D. Kansas · 1996

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

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