Legal Opinion

United States v. Cardinal Mine Supply, Inc.

Court of Appeals for the Sixth Circuit

Decided October 22, 1990No. 89-6475PublishedCited by 116 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

The United States appeals the decision of the Bankruptcy Court affirmed by the District Court that both general unsecured creditors who filed timely claims and those who did not file timely claims because they received no notice of the bankruptcy are to be paid ahead of priority claimants who also filed late claims because they received no notice and had no knowledge of the bankruptcy. Because we do not believe that the Bankruptcy Code (11 U.S.C.) directs this result, we shall REVERSE.

On October 25, 1983, debtor, Cardinal Mine Supply, Inc., filed a petition for relief…

2Cases cited11 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. South Carolina v. KatzenbachSupreme Court of the United States · 1966
  5. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953

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

3Cited by116 opinions

  1. In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992
  2. In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. In Re David Allen Hairopoulos, Debtor. United States of America, Acting by and Through the Internal Revenue Service v. David Allen HairopoulosCourt of Appeals for the Eighth Circuit · 1997
  4. In Re ZimmermanUnited States Bankruptcy Court, W.D. Michigan · 1993
  5. In Re Century Boat Company, Debtor. Internal Revenue Service v. Century Boat Company, David G. Kipley, TrusteeCourt of Appeals for the Sixth Circuit · 1993

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

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