Legal Opinion

Official, Unsecured Creditors' Committee v. Stern

Court of Appeals for the First Circuit

Decided January 28, 1993No. 92-1379PublishedCited by 6 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Senior Circuit Judge.

The district court affirmed a bankruptcy court order which compelled a ' secured creditor to pay to the debtor’s estate a portion of the proceeds it had received in satisfaction of its allowed secured claim. The bankruptcy court’s order contravened an agreement between the secured creditor and the general, unsecured creditors to share in the proceeds from the former’s secured interest. The bankruptcy court believed, and the district court agreed, that such an agreement .violated Bankruptcy Code policy. Appellant, the Official Unsecured Creditors’…

2Cases cited32 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. In Re G.S.F. CORPORATION, Debtor, Chase Commercial Corporation, AppellantCourt of Appeals for the First Circuit · 1991
  3. Young v. Higbee Co.Supreme Court of the United States · 1945
  4. United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
  5. Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986

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3Cited by6 opinions

  1. In Re Spm Manufacturing CorporationCourt of Appeals for the First Circuit · 1993
  2. Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
  3. Motorola, Inc. v. Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 2007
  4. E. Coast Miner LLC v. Nixon Peabody LLP (In Re Licking River Mining, LLC)Court of Appeals for the Sixth Circuit · 2018
  5. Bank of America, N.A. v. Cd-04, Inc. (In re Owner Management Service, LLC Trustee Corps)United States Bankruptcy Court, C.D. California · 2015

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