Legal Opinion

Direct Transit, Inc. v. South Dakota Governor's Office of Economic Development (In Re Direct Transit, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 26, 1998No. BAP 98-6039NIPublishedCited by 4 opinions

1Opinion of the Court

JAMES G. MIXON, Chief Judge.

The Debtor, Direct Transit, Inc. (“Direct Transit”), appeals an order of the bankruptcy court 2 allowing the inclusion of liquidated damage in the calculation of a secured claim filed by the South Dakota Governor’s Office of Economic Development (“GOED”). We affirm.

I

BACKGROUND

The parties do not dispute the facts in this case, which they submitted to the bankruptcy court by stipulation. The State of South Dakota has established an incentive program to stimulate economic development in the state referred to as the “Revolving Economic Development and Initiative Fund”…

2Cases cited31 opinions

  1. First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
  2. Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
  3. Better Food Markets, Inc. v. American District Telegraph Co.California Supreme Court · 1953
  4. In Re Entz-White Lumber And Supply, Inc.Court of Appeals for the Ninth Circuit · 1988
  5. Connecticut General Life Insurance v. Schaumburg Hotel Owner Ltd. Partnership (In Re Schaumburg Hotel Owner Ltd. Partnership)United States Bankruptcy Court, N.D. Illinois · 1989

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3Cited by4 opinions

  1. Noonan v. Fremont Financial (In Re Lappin Electric Co.)United States Bankruptcy Court, E.D. Wisconsin · 2000
  2. CP Holdings, Inc. v. California Public Employees Retirement SystemCourt of Appeals for the Eighth Circuit · 2006
  3. In Re Tri-State Ethanol Co. LLCUnited States Bankruptcy Court, D. South Dakota · 2006
  4. The Bank of Missouri v. Family Pharmacy, Inc.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2020

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