Legal Opinion
In re Otto Huber & Sons, Inc.
United States Bankruptcy Court, D. South Dakota
Decided April 10, 1980No. Bankruptcy No. BK77-30025PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
Bankrupt, Otto Huber & Sons, Inc., Par-malee, South Dakota, filed a Chapter 4 Petition and Schedules on August 12, 1977. Farmers Elevator Company of Presho, Presho, South Dakota, Claimant, filed a proof of claim as a secured creditor on September 2, 1977.
*364After liquidation and during estate administration, the Trustee objected to the secured creditor status claimed by Claimant.
At a hearing held before this Bankruptcy Court, Trustee and Claimant stipulated to the following facts: On November 24, 1976, Claimant obtained a default judgment…
2Cases cited4 opinions
- Murphy v. ConnollySouth Dakota Supreme Court · 1966
- Zink v. James River National BankNorth Dakota Supreme Court · 1929
- McMahon v. BrownSouth Dakota Supreme Court · 1938
- First American Title Co. of South Dakota v. HoweSouth Dakota Supreme Court · 1979
3Cited by2 opinions
- Gross v. Russo (In Re Russo)United States Bankruptcy Court, E.D. New York · 1982
- In re the Voluntary Liquidation of R-V Land, USASouth Dakota Supreme Court · 1983