Legal Opinion

In the Matter of Crown Cabinets, Inc., Bankrupt. J. L. Leach, Trustee v. Small Business Administration

Court of Appeals for the Fifth Circuit

Decided December 4, 1973No. 73-2817PublishedCited by 9 opinions

1Per curiam

Appellant Leach, the trustee in bankruptcy, appeals from an order of the district court allowing the claim of the Small Business Administration as a priority claim under 11 U.S.C.A. § 104(a)(5) and 31 U.S.C.A. § 191. The referee in bankruptcy had upheld the trustee’s petition to disallow the priority, since the original claim did not clearly show that the claim was entitled to it and the attempted amendment was not timely offered. We affirm the district court’s order permitting the amendment and allowing priority for the claim.

On February 6, 1969, Crown Cabinets negotiated a loan from the…

2Cases cited5 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Small Business Administration v. McClellanSupreme Court of the United States · 1960
  3. In Re G. L. Miller & Co.Court of Appeals for the Second Circuit · 1930
  4. Wheeling Valley Coal Corporation v. MeadCourt of Appeals for the Fourth Circuit · 1949
  5. In re KeckDistrict Court, W.D. Pennsylvania · 1938

3Cited by9 opinions

  1. In the Matter of Commonwealth Corporation, Bankrupt. The First National Bank of Mobile v. Lee A. Everhart, Trustee of the Commonwealth CorporationCourt of Appeals for the First Circuit · 1980
  2. Leaseamerica Corporation v. Richard Lee Eckel and Lois Thelma Eckel D/B/A Whispering Downs Arena & Turf ClubCourt of Appeals for the Tenth Circuit · 1983
  3. Gower v. Farmers Home Administration (In Re Davis)United States Bankruptcy Court, M.D. Georgia · 1982
  4. In the Matter of ALLIANCE OPERATING CORPORATION, Debtor. HIGHLANDS INSURANCE COMPANY, INC., Appellant, v. ALLIANCE OPERATING CORPORATION, AppelleeCourt of Appeals for the Fifth Circuit · 1995
  5. Novak v. Callahan (In Re GAC Corp.)District Court, S.D. Florida · 1980

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