Samorajczyk v. United States (In Re Atoka Agricultural Systems, Inc.)
United States Bankruptcy Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.
This matter arises out of the filing of a complaint by the Trustee in Bankruptcy (“trustee”) to set aside a lien. The lien is held by the Farmers Home Administration (“FmHA”), an agency of the United States Department of Agriculture. The issue for determination is whether FmHA’s failure to file a proof of claim voids its otherwise valid lien. The FmHA, in a counterclaim, alleges that the trustee has breached his fiduciary duties enumerated under 11 U.S.C. § 704 by failing to turn over to FmHA property of the estate secured by the…
2Cases cited9 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
- Spadel v. Household Consumer Discount Co. (In Re Spadel)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Hotel Associates, Inc. v. Trustees of Central States SE & SW Areas Pension Fund (In Re Hotel Associates, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1980
- In Re FriedmanDistrict Court, D. Maryland · 1977
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3Cited by15 opinions
- Estate Of Roger LellockCourt of Appeals for the Third Circuit · 1987
- Piedmont Trust Bank v. Linkous (In Re Linkous)District Court, W.D. Virginia · 1992
- Relihan v. Exchange BankDistrict Court, S.D. Georgia · 1985
- Shawmut Bank v. Brooks Development Corp.Connecticut Appellate Court · 1997
- Dembo v. United States, Department of the Treasury, Internal Revenue Service (In Re Dembo)United States Bankruptcy Court, E.D. Pennsylvania · 1991
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