Legal Opinion

In Re Duke

United States Bankruptcy Court, N.D. Alabama

Decided May 11, 1993No. 19-80256PublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES S. SLEDGE, Bankruptcy Judge.

This case comes before the Court on the motion of FNRS Financial Corporation 1 , (“FNRS”), to reconsider the order entered on August 10, 1992, which sustained the standing trustee’s contest of the FNRS proof of claim.

FINDINGS OF FACT

Carl and Betty Duke (“debtors”) filed a petition under chapter 13 of Title 11 of the United States Code on May 14, 1992. Pursuant to the terms of the debtors’ plan, the debt owed to FNRS would be paid directly by the debtors. FNRS filed a proof of claim with the clerk of this Court on June 4; said claim was…

2Cases cited39 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Stoll v. GottliebSupreme Court of the United States · 1938
  4. Patterson v. ShumateSupreme Court of the United States · 1992
  5. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985

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3Cited by37 opinions

  1. In Re William FESQ, Debtor. BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant, v. William FESQCourt of Appeals for the Third Circuit · 1998
  2. In Re HendersonUnited States Bankruptcy Court, N.D. Alabama · 1996
  3. In Re CoffmanUnited States Bankruptcy Court, N.D. Texas · 2002
  4. In Re BanksUnited States Bankruptcy Court, S.D. Mississippi · 1993
  5. Storey v. Pees (In Re Storey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008

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