Legal Opinion
In Re Francis Const. Co., Inc.
United States Bankruptcy Court, D. South Carolina
Decided January 30, 1985No. 19-01152PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
J. BRATTON DAVIS, Bankruptcy Judge.
The trustee seeks to sell property of the debtor estate free and clear of interests pursuant to 11 U.S.C. § 363(f). The trustee asserts the doctrine of marshaling in support of his motion.
FACTS
The debtor commenced business in December 1972.
On July 12, 1977, John G.R. Francis, president and sole stockholder of the debt- or, deeded 2.34 acres to the debtor and simultaneously executed a $63,750 mortgage to First Federal Savings & Loan Association (First Federal). The mortgage was secured by the 2.34 acres and by a house and lot near Manning…
2Cases cited8 opinions
- Meyer v. United StatesSupreme Court of the United States · 1963
- In Re Jack Green's Fashions For Men Big And Tall, Inc.Court of Appeals for the Eighth Circuit · 1979
- Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- The "Edith."Supreme Court of the United States · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Dealer Support Services International, Inc.United States Bankruptcy Court, E.D. Michigan · 1987
- Exchange Bank of Kingstree v. South Carolina National Bank (In Re Dig It, Inc.)United States Bankruptcy Court, D. South Carolina · 1991
- Matter of Mel-O-Gold, Inc.United States Bankruptcy Court, S.D. Iowa · 1988
- Morris v. Jack B. Muir Irrevocable Trust (In Re Muir)United States Bankruptcy Court, D. Kansas · 1988
- Woolf Printing Corp. v. Mac Papers, Inc. (In Re Woolf Printing Corp.)United States Bankruptcy Court, M.D. Florida · 1988
2 more not listed; retrieve them via the Exa API.