Legal Opinion
In Re Empire for Him, Inc., Debtor. Capital Factors, Inc. v. Empire for Him, Inc., Hamilton Bank, N.A., Movant-Appellee
Court of Appeals for the Eleventh Circuit
Decided September 14, 1993No. 92-4440PublishedCited by 42 opinions
1Per curiam
Upon the filing of Debtor’s petition for relief under Chapter 11 of the Bankruptcy Code, Capital Factors, Inc. held funds which it had collected on Debtor’s accounts pursuant to a factoring agreement. Debtor asked the bankruptcy court to order the turnover of these funds pursuant to 11 U.S.C. § 542(a). Capital Factors opposed the turnover claiming a security interest in the funds and claiming damages for the Debtor’s rejection of their factoring agreement. Although the bankruptcy court found that Capital Factors had a security interest in the funds as proceeds of the accounts and that Capital…
2Cases cited4 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- In Re Jlj Inc., D/B/A All American Trade Day, Debtor. Karen B. Rush v. Jlj Inc., D/B/A All American Trade Day, Rush Building Company, Inc.Court of Appeals for the Eleventh Circuit · 1993
- In The Matter Of Saybrook Manufacturing Co., Inc.Court of Appeals for the Eleventh Circuit · 1992
3Cited by42 opinions
- In Re Ida v. Reider and James M. Reider, Debtors. Ida v. Reider v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1994
- Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
- Ronalee Levy Orlick v. John W. KozyakCourt of Appeals for the Eleventh Circuit · 2002
- Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994
- Green Tree Acceptance, Inc. v. Hoggle (In re Hoggle)Court of Appeals for the Eleventh Circuit · 1994
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