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Legal Opinion

In Re Martin

United States Bankruptcy Court, D. Maine

Decided March 21, 1986No. 19-10001PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

The critical issue presented in this proceeding involves the validity of a mortgage on the debtors’ real estate in favor of a law firm. The mortgage was executed immediately prior to the filing of a chapter 11 case for the purpose of securing the payment of fees and disbursements incurred during the case. Another issue involvés the allowance of fees to the law firm. The court concludes that the mortgage must be invalidated, but that the fees and disbursements may be allowed in part.

The facts are not seriously disputed. The debtors…

2Cases cited13 opinions

  1. In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
  2. In Re Philadelphia Athletic Club, Inc.District Court, E.D. Pennsylvania · 1982
  3. In Re Chou-Chen Chemicals, Inc.United States Bankruptcy Court, W.D. Kentucky · 1983
  4. Matter of Cropper Co., Inc.United States Bankruptcy Court, M.D. Georgia · 1983
  5. Matter of Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982

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3Cited by15 opinions

  1. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  2. Merchants & Farmers Bank of Dumas, Ark. v. HillDistrict Court, E.D. Arkansas · 1990
  3. In Re GrayUnited States Bankruptcy Court, E.D. Michigan · 1986
  4. Bankr. L. Rep. P 71,586 in Re Kevin Pierce, Individually and as a Partner of Pierce Farms, Debtor. In Re Wayne Pierce, Individually and as a Partner of Pierce Farms, Debtor. In Re Michael Pierce, Individually and as a Partner of Pierce Farms, Debtor. Lyle Pierce, Individually and as a Partner of Pierce Farms v. Aetna Life Insurance Company, Creditors Committee, Creditors Schmalz, Fitzsimmons & Cassavan, Farmers Home Administration & Commodity Credit Corporation, General Motors Acceptance Corp., Wayne Drewes, Ch. 7 Trustee, National Farmers Union Property & Casualty Company. Neil A. McEwen v. William P. Westphal, U.S. Trustee and Wayne Drewes, Bankruptcy TrusteeCourt of Appeals for the Eighth Circuit · 1987
  5. Petralex Stainless, Ltd. v. Bishop Tube Division of Christiana Metals (In Re Petralex Stainless, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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