Legal Opinion

Universal Cooperatives, Inc. v. FCX, Inc. (In re FCX, Inc.)

Court of Appeals for the Fourth Circuit

Decided August 11, 1988No. 88-1525PublishedCited by 11 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

Universal Cooperatives, Inc. (Universal) here challenges an order of the bankruptcy court, affirmed by the district court on direct appeal, allowing the modification of a confirmed Chapter 11 plan under which FCX, Inc., a debtor of Universal’s, was operating. That order authorized FCX to release collateral securing its indebtedness to Universal in satisfaction of Universal’s claim. Universal raises three issues: that (1) FCX was not, as a matter of substantive bankruptcy law, entitled to the relief granted by the bankruptcy court, (2) the bankruptcy court…

2Cases cited13 opinions

  1. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  2. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  3. Creasy v. Coleman Furniture Corp.Court of Appeals for the Fourth Circuit · 1985
  4. Goodman v. Phillip R. Curtis Enterprises, Inc.Court of Appeals for the Fourth Circuit · 1987
  5. Harry Lee McLean W. Keenan Stephenson, Jr. v. Central States, Southeast and Southwest Areas Pension Fund, United States, Amicus Curiae. In Re Harry Lee McLean Debtor. Harry Lee McLean W. Keenan Stephenson, Jr. v. Central States, Southeast and Southwest Areas Pension Fund, in Re Harry Lee McLean DebtorCourt of Appeals for the Fourth Circuit · 1985

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3Cited by11 opinions

  1. Berger, Shapiro & Davis, P.A. v. Haeling (In Re Foos)United States Bankruptcy Court, N.D. Illinois · 1995
  2. In Re Marlene Moffett, Debtor, Tidewater Finance Company, No. 03-1279. v. Marlene MoffettCourt of Appeals for the Fourth Circuit · 2004
  3. In Re Stone & Webster, Inc.United States Bankruptcy Court, D. Delaware · 2002
  4. Matson v. Alpert (In re LandAmerica Financial Group, Inc.)United States Bankruptcy Court, E.D. Virginia · 2012
  5. In re 431 W. Ponce De Leon, LLCUnited States Bankruptcy Court, N.D. Georgia · 2014

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