Legal Opinion

In Re Lewis

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 5, 1993No. 19-10447PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant objections of a creditor to confirmation of the Debtors’ Chapter 11 Plan cause us to consider the validity of that creditor’s two separate alleged security interests arising out of two separate rather convoluted transactions. As to one transaction, we conclude that a post-petition agreement giving a priority to the interest of another creditor, approved by the court after notice to all interested parties, including the objecting creditor, binds that creditor and allows avoidance of that security interest asserted as a result.…

2Cases cited23 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. Heiser v. WoodruffSupreme Court of the United States · 1946
  3. In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
  4. In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. Phillip D. ARMSTRONG, Trustee of the Bankruptcy Estate of Kye Trout, Jr., Appellant, v. NORWEST BANK, MINNEAPOLIS, N.A., AppelleeCourt of Appeals for the Eighth Circuit · 1992

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3Cited by3 opinions

  1. In Re Union Meeting PartnersUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
  2. In Re Sacred Heart Hospital of NorristownUnited States Bankruptcy Court, E.D. Pennsylvania · 1995
  3. Liebersohn v. Ali (In Re Fineberg)United States Bankruptcy Court, E.D. Pennsylvania · 1996

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