Legal Opinion
Cadle Co. v. Mims (In Re Moore)
Court of Appeals for the Fifth Circuit
Decided June 2, 2010No. 09-10604PublishedCited by 88 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge;
Appellant The Cadle Company (“Ca-dle”), the major creditor of the bankruptcy estate of James H. Moore, III (“Moore”), appeals the district court’s affirmance of the bankruptcy court’s approval of a settlement of estate claims over its objection and despite its offer to purchase the claims for higher value. We reverse and remand, concluding that the claims at issue could be sold as well as compromised and that the bankruptcy court’s failure to consider the effect of such a sale was an abuse of discretion.
I
Cadle sued Moore in state court more than a year before…
2Cases cited35 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
30 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities, LLCUnited States Bankruptcy Court, S.D. New York · 2011
- MC Asset Recovery LLC v. Commerzbank A.G. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2012
- Teed v. Thomas & Betts Power Solutions, L.L.C.Court of Appeals for the Seventh Circuit · 2013
- Keach v. Wheeling & Lake Erie Ry. Co. (In Re Montreal, Maine & Atl. Railway, Ltd.)Court of Appeals for the First Circuit · 2018
- Stettner v. Smith (In Re IFS Financial Corp.)Court of Appeals for the Fifth Circuit · 2012
83 more not listed; retrieve them via the Exa API.