Legal Opinion
In the Matter of Mickey O'connor, Debtor. Frank McGee v. Mr. Hugh O'COnnOr
Court of Appeals for the Fifth Circuit
Decided September 16, 1998No. 97-31283PublishedCited by 38 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
The district court affirmed the bankruptcy court’s holding that two proofs of claim survived attacks that: (1) they were the result of a sham transaction, (2) former Article 1899 of the Louisiana Civil code defeats the claim, and (3) under Louisiana law, the debt on which the claims were premised was prescribed. The Trustee appeals. We affirm.
BACKGROUND
On September 29, 1982, Hugh and Elaine O’Connor (“Appellees”), Mickey O’Connor (“the Debtor”) and O’Connor Construction, Inc. (“OCC”) entered into an option contract for the purchase of Clover Contractors, Inc (“Clover”).…
2Cases cited8 opinions
- In Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., (Two Cases) in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc.Court of Appeals for the First Circuit · 1993
- Morris v. FriedmanSupreme Court of Louisiana · 1995
- In Re Walter Steven Brown Diane Kay Brown, Debtors. Walter Steven Brown Diane Kay Brown v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 1996
- In the Matter of Britt R. Kennard, Debtor. Britt R. Kennard v. Mbank Waco, N.A.Court of Appeals for the Fifth Circuit · 1992
- Chance v. American Honda Motor Co., Inc.Supreme Court of Louisiana · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
- Smith v. AMERICAN FOUNDERS FINANCIAL, CORP.District Court, S.D. Texas · 2007
- eCast Settlement Corp. v. Tran (In Re Tran)District Court, S.D. Texas · 2007
- In Re Jack Kline Co., Inc.United States Bankruptcy Court, S.D. Texas · 2010
- In Re DePughUnited States Bankruptcy Court, S.D. Texas · 2009
33 more not listed; retrieve them via the Exa API.