Legal Opinion

Johnson Southwest, Inc. v. Harbert Energy Corp. (In Re Johnson Southwest, Inc.)

District Court, N.D. Texas

Decided March 4, 1997No. 4:96-cv-00583PublishedCited by 16 opinions

1Opinion of the Court

FITZWATER, District Judge:

This appeal and cross-appeal from a bankruptcy court judgment awarding a post-confirmation debtor a recovery for a preferential transfer presents the questions whether the action was time-barred under the pre-1994 version of 11 U.S.C. § 546(a)(1), and whether the limitations period was equitably tolled. The court reverses the judgment of the bankruptcy court.

I

In December 1990 various creditors of plaintiff-appellee Johnson Southwest, Inc. (“JSW”), formerly known as Hunt Energy Corporation (“Hunt Energy”), commenced involuntary bankruptcy proceedings against it. JSW…

2Cases cited12 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997
  3. Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
  4. In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
  5. In Re Coastal Group Inc.Court of Appeals for the Third Circuit · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Nary v. Complete Source (In Re Nary)District Court, N.D. Texas · 2000
  3. Brown v. Sayyah (In Re ICH Corp.)District Court, N.D. Texas · 1999
  4. Wakefield v. SWS Securities, Inc. (In Re Wakefield)District Court, N.D. Texas · 2003
  5. The Cadle Co. v. ReedDistrict Court, N.D. Texas · 2008

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API