Legal Opinion
Chase Manhattan Bank, N.A. v. Edmondson (In Re H.B. Cunningham)
United States Bankruptcy Court, M.D. Tennessee
Decided April 8, 1985No. Bankruptcy No. 383-02385, Adv. No. 384-0405PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The determinative question presented is whether the trustee in bankruptcy can require performance of a mortgage debt assumption agreement where partial failure of consideration would prevent the debtor from enforcing the agreement. Though there are many other issues lurking in this proceeding, the court answers the stated question against the trustee and reserves all other matters.
The following constitute findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052.
I
In April of 1971, H.B. and Mary Nell Cunningham (“debtors”) were deeded…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Royal Typewriter Company, a Division of Litton Business Systems, Inc., a Corporation v. Xerographic Supplies Corporation, a CorporationCourt of Appeals for the Eleventh Circuit · 1983
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- Mills v. BrownTennessee Supreme Court · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- 16 Collier bankr.cas.2d 702, Bankr. L. Rep. P 71,754 in Re K.C. MacHine & Tool Company, Debtor, June E. Morgan, Trustee the Detroit Edison Company Dery & Dery, P.C. Hill, Lewis, Adams, Goodrich & Tait v. K.C. MacHine & Tool Company, City of DetroitCourt of Appeals for the Sixth Circuit · 1987
- In Re Feinstein Family PartnershipUnited States Bankruptcy Court, M.D. Florida · 2000
- In Re PaolellaUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re TraskBankruptcy Appellate Panel of the First Circuit · 2011
- Trask v. BAC Home Loans Servicing, LPBankruptcy Appellate Panel of the First Circuit · 2011
12 more not listed; retrieve them via the Exa API.