Legal Opinion

In Re Bill Heard Enterprises, Inc.

United States Bankruptcy Court, N.D. Alabama

Decided February 12, 2009No. 17-71482PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This ease is before the Court on motion filed by GMAC, LLC (“GMAC”) to compel General Motors Corporation (“GM”) to turnover funds being held in GM’s open accounts for each of Bill Heard’s dealerships for which GMAC provided floor plan financing. (DK # 485) On December 4, 2008, GMAC filed a motion for entry of summary judgment in its favor and against GM seeking an order: (1) confirming GMAC’s priority security interest to the GM open account balances as superior to any interest, right of offset or recoupment or claim by GM; (2) barring GM from…

2Cases cited18 opinions

  1. Reiter v. CooperSupreme Court of the United States · 1993
  2. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  3. Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
  4. Quality Products and Concepts Co. v. Nagel Precision, Inc.Michigan Supreme Court · 2003
  5. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986

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3Cited by1 opinion

  1. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009

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