Legal Opinion

Bankr. L. Rep. P 69,897 in Re Conner, Debtor. Askin Marine Company v. Clark N. Conner and Doretha S. Conner

Court of Appeals for the Eleventh Circuit

Decided June 11, 1984No. 83-8275PublishedCited by 70 opinions

1Opinion of the Court

VANCE, Circuit Judge:

Askin Marine Company (Askin), the creditor, appeals the decision of the trial court affirming the bankruptcy judge’s grant of summary judgment in favor of Clark and Doretha Conner, the debtors. We reverse.

The relevant facts are undisputed. On September 9, 1981 Askin caused Clark Conner’s employer to be served with a summons of garnishment. On October 14, 1981 the garnishee answered the summons and paid into the Georgia state court the funds subject to garnishment. The court disbursed these funds to Askin, along with other funds previously paid into court by the garnishee…

2Cases cited4 opinions

  1. Philip I. Palmer, Jr., Etc. v. Radio Corporation of AmericaCourt of Appeals for the Fifth Circuit · 1971
  2. Ameron Protective Coatings Division v. Georgia Steel, Inc. (In Re Georgia Steel, Inc.)United States Bankruptcy Court, M.D. Georgia · 1982
  3. Citizens & Southern National Bank v. WrayCourt of Appeals of Georgia · 1978
  4. Cale v. HaleCourt of Appeals of Georgia · 1981

3Cited by70 opinions

  1. In Re GEORGE RODMAN, INC., Debtor. Thomas J. KENAN, Trustee, Appellee, v. FORT WORTH PIPE COMPANY, AppellantCourt of Appeals for the Tenth Circuit · 1986
  2. Smiley v. First National Bank of Belleville (In re Smiley)Court of Appeals for the Seventh Circuit · 1989
  3. Dzikowski v. Northern Trust Bank of Florida, N.A. (In Re Prudential of Florida Leasing, Inc.)Court of Appeals for the Eleventh Circuit · 2007
  4. In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lapham-Hickey Steel CorporationCourt of Appeals for the Seventh Circuit · 1995
  5. Perry v. General Motors Acceptance Corp. (In Re Perry)United States Bankruptcy Court, M.D. Tennessee · 1985

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