Legal Opinion
Cornmesser v. Swope (In Re Cornmesser's, Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided June 22, 2001No. 19-02041PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
William Cornmesser (hereinafter “Corn-mfesser”), guarantor of a secured debt owed by debtor Cornmesser’s, Inc. to Keystone Financial Bank, seeks a determination that he is subrogated to the rights of Keystone to the extent that he personally paid the debt owed to Keystone. He further asserts that a surplus in the amount of $11,415.03 remaining after the debt was fully satisfied is not property of debtor’s bankruptcy estate but instead belongs to him and requests an order directing the chapter 7 trustee to remit the surplus to him forthwith.
2Cases cited8 opinions
- Manuel KAPLAN; Carol Kaplan; MK Investments, Inc., Appellants, v. FIRST OPTIONS OF CHICAGO, INC., AppelleeCourt of Appeals for the First Circuit · 1994
- Lumax Industries, Inc. v. AultmanSupreme Court of Pennsylvania · 1995
- College Watercolor Group, Inc. v. William H. Newbauer, Inc.Supreme Court of Pennsylvania · 1976
- In Re RussellUnited States Bankruptcy Court, W.D. Arkansas · 1989
- Cuda v. Nigro (In Re Northview Motors, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Fibreboard Corp. v. Celotex CorporationCourt of Appeals for the Eleventh Circuit · 2006
- In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
- In Re Fiesole Trading Corp.United States Bankruptcy Court, D. Massachusetts · 2004
- In re Flintkote Co.United States Bankruptcy Court, D. Delaware · 2012
- Celotex Corp. v. Allstate Insurance (In Re Celotex Corp.)United States Bankruptcy Court, M.D. Florida · 2003
18 more not listed; retrieve them via the Exa API.