Legal Opinion

In Re Perma Pacific Properties, a General Partnership, Debtor. David A. Gill, Trustee v. Eustace H. Winn, Jr.

Court of Appeals for the Tenth Circuit

Decided December 22, 1992No. 92-1116PublishedCited by 31 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

On August 25, 1986, appellant Eustace H. Winn, Jr. agreed to loan $800,000.00 to Perma Resources Corporation (PRC), $400,-000.00 of which was actually advanced to the corporation. As part of the collateral for the loan, Winn took a security interest in the form of a deed of trust on property owned by Perma Pacific Properties (debt- or), a general partnership subsidiary of PRC. Winn recorded the deed on March 2, 1987. 1 On August 8, 1987, debtor filed a Chapter 11 bankruptcy petition, administering the estate as debtor in possession.

Winn filed a proof of claim…

2Cases cited11 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. Ohio v. KovacsSupreme Court of the United States · 1985
  4. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  5. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990

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3Cited by31 opinions

  1. In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
  2. Manchester v. First Bank & Trust Co. (In Re Moses)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
  3. American Freight System, Inc. v. Consumer Products Associates (In Re American Freight System, Inc.)District Court, D. Kansas · 1994
  4. Payne v. Clarendon National Insurance (In Re Sunset Sales, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  5. Matson v. Strickland (In Re Strickland)United States Bankruptcy Court, E.D. Virginia · 1999

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