Legal Opinion

Singer Co. v. Willis

District Court, W.D. Louisiana

Decided August 26, 1977No. Bankruptcy No. 76-1380; Civ. A. No. 770847Published

1Opinion of the Court

RULING ON APPEAL OF BANKRUPTCY JUDGE’S RULING

DAWKINS, Senior Judge.

The Singer Company/Singer Furniture Company (Singer) appeals1 from the Bankruptcy Judge’s order declaring its claims Nos. 1 and 11 to be general and unsecured. Jurisdiction is conferred upon us by 28 U.S. C.A. § 1334.

Fulkerson Furniture, Inc. (the Bankrupt), filed a voluntary petition In Bankruptcy on August 13, 1976, and a supplemental petition on August 20, 1976. Singer filed proofs of claims allegedly secured in part by a vendor’s privilege2 on merchandise sold to the bankrupt.

The Trustee objected to Singer’s claim of…

2Cases cited18 opinions

  1. Barrows v. JacksonSupreme Court of the United States · 1953
  2. Young v. MaySupreme Court of the United States · 1953
  3. Williams v. Travelers Ins. Co. of Hartford, Conn.Louisiana Court of Appeal · 1944
  4. In Re TrahanDistrict Court, W.D. Louisiana · 1968
  5. In the Matter of Wallace Lincolnmercury Company, Inc., Bankrupt, Ford Motor Credit Company v. Herschel A. Gentry, TrusteeCourt of Appeals for the Fifth Circuit · 1972

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