Legal Opinion
In the Matter of Southmark Corp., Debtor. Southmark Corp. v. Southmark Personal Storage, Inc., and First Nationwide Bank
Court of Appeals for the First Circuit
Decided June 16, 1993No. 92-1535PublishedCited by 24 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Chapter 11 debtor Southmark Corporation (“Southmark”) appeals the dismissal of its preference action against First Nationwide Bank (“FNB”) and Southmark Personal Storage, Inc. (“SPS”). Southmark seeks to recover money it paid to FNB on a guaranty of a loan FNB made to Southmark’s subsidiary SPS. Southmark made its payment to FNB within the year before Southmark’s bankruptcy. The bankruptcy court granted FNB’s Rule 12(b)(6) motion to dismiss the suit, and the district court affirmed. We affirm the district court’s order.
I
In 1986, SPS, Southmark’s wholly-owned…
2Cases cited7 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- 21 Collier bankr.cas.2d 1405, Bankr. L. Rep. P 73,090 in Re Robinson Brothers Drilling, Inc., and Robinson Brothers Drilling Company, Debtors. Manufacturers Hanover Leasing Corp. Halliburton Company Gray Tool Company and Ponder Fishing Tools, Inc. v. Harold G. Lowrey, Chapter 11 Trustee, for the Estate of the DebtorsCourt of Appeals for the Tenth Circuit · 1990
- Ray v. City Bank & Trust Co. (In re C-L Cartage Co.)Court of Appeals for the Sixth Circuit · 1990
- In The Matter Of T.B. Westex Foods, Inc.Court of Appeals for the Fifth Circuit · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re Sufolla, Inc.Court of Appeals for the Ninth Circuit · 1993
- In Re BanksUnited States Bankruptcy Court, S.D. Mississippi · 1993
- Matter of Lamar Haddox Contractor, Inc.Court of Appeals for the Fifth Circuit · 1994
- Blevins Electric, Inc. v. First American National Bank (In Re Blevins Electric, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1995
- In Re Wesley Industries, Inc., Debtor. Robert M. Galloway, Cross-Appellee v. First Alabama Bank, Jack W. BoykinCourt of Appeals for the First Circuit · 1994
19 more not listed; retrieve them via the Exa API.