Legal Opinion
Hartford Underwriters Insurance v. Magna Bank, N.A. (In Re Hen House Interstate, Inc.)
Court of Appeals for the Eighth Circuit
Decided June 7, 1999No. 97-3859PublishedCited by 6 opinions
1Opinion of the Court
BOWMAN, Chief Judge.
Magna Bank, N.A., appeals the judgment of the District Court affirming the judgment of the Bankruptcy Court in favor of Hartford Underwriters Insurance Company. The sole question presented for review by the Court en banc is the threshold question of whether Hartford has statutory standing to surcharge Magna’s collateral under 11 U.S.C. § 506(c) (1994). We reverse.
I
Magna2 made various loans to Hen House Interstate, Inc. (Debtor), which owned and operated a number of restaurants, service stations, gift stores, and an outdoor advertising firm. To secure the loans, Magna took…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Patterson v. ShumateSupreme Court of the United States · 1992
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
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3Cited by6 opinions
- In Re Hen House Interstate, Inc., Debtor. Hartford Underwriters Insurance Company, Movant-Appellee v. Magna Bank, N.A., Formerly Known as Magna Bank of Illinois, N.A.Court of Appeals for the Eighth Circuit · 1999
- Anders Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009
- In re Stacy's, Inc.United States Bankruptcy Court, D. South Carolina · 2014
- In re: Carleton Jerome Beatty and Sharon Denise BeattyUnited States Bankruptcy Court, W.D. Missouri · 2026
- PW Enterprises v. North Dakota Racing CommissionCourt of Appeals for the Eighth Circuit · 2008
1 more not listed; retrieve them via the Exa API.