Legal Opinion

In Re Horkins

United States Bankruptcy Court, M.D. Tennessee

Decided March 29, 1993No. Bankruptcy 390-08877PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

The contested matter before the court arises from the motion of West End Terrace, Inc. (WETI) for summary judgment on the debtor in possession’s objection to WETI’s claim. The issues raised include the applicability of the doctrine of res judi-cata, alleged irregularities in foreclosure sales, and violation of the automatic stay. As discussed below, the court grants WETI’s motion for summary judgment in its entirety, thereby overruling the debtor in possession’s objection, and finds that the debtor in possession is not entitled to a…

2Cases cited42 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Pepper v. LittonSupreme Court of the United States · 1939
  5. Brown v. FelsenSupreme Court of the United States · 1979

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3Cited by2 opinions

  1. In Re Mid-City Parking, Inc.United States Bankruptcy Court, N.D. Illinois · 2005
  2. In Re CampUnited States Bankruptcy Court, N.D. Ohio · 1994

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