Legal Opinion
Robinson v. Hinkley (In Re Hinkley)
United States Bankruptcy Court, S.D. Texas
Decided February 26, 1986No. 19-02005PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION
MANUEL D. LEAL, Bankruptcy Judge.
In this adversary proceeding to collect upon a promissory note, the defendant seeks to have the claim embodied in the note disallowed under 11 U.S.C. § 502(b)(1) under the state law theories of illegality, duress, absence of consideration and discharge of a surety due to the release of the principal obligor. Defendant requested a trial by jury which was denied because the court holds there is no right to a jury trial in claims litigation. Trial of this matter occurred on October 21, 22, and 23, 1985; a detailed analysis of the litigation is…
2Cases cited35 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Katchen v. LandySupreme Court of the United States · 1966
- Holland America Insurance Company v. Succession of Shepherd J. Roy, the Union Bank and Central Pecan Shelling Company, Inc.Court of Appeals for the Fifth Circuit · 1985
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
30 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- Bankr. L. Rep. P 71,896 American Universal Insurance Company, Cross-Appellee v. Joe Freeman Pugh and Joan Betty Pugh, Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1987
- First National Bank of Fayetteville v. Dairy (In Re Circle J Dairy, Inc.)District Court, W.D. Arkansas · 1989
- United States v. Walters (In Re Walters)United States Bankruptcy Court, N.D. Indiana · 1994
- Coleman Oil Co. v. Circle K Corp. (In Re Circle K Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
9 more not listed; retrieve them via the Exa API.