Legal Opinion

First National Bank of Portsmouth, New Hampshire v. Gerald S. Cope, Trustee, in the Matter of Fay S. Kane, Jr., Debtor

Court of Appeals for the First Circuit

Decided November 7, 1967No. 6915PublishedCited by 6 opinions

1Opinion of the Court

ALDRICH, Chief Judge.

In October 1966 one Kane, hereinafter the debtor, filed a plan under Chapter XIII, § 622 of the Bankruptcy Act, 11 U.S.C. § 1022. The plan stated,

“6. Secured, claims: Nothing is proposed by this plan which may materially and adversely affect the interest of any creditor having a valid security interest in any of the debtor’s property. Any secured claim, as proved and allowed, which may be materially and adversely affected, shall not be dealt with by this plan until such time as a written acceptance from such creditor is filed with the Court.
“b. Payment to non-assenting…

2Cases cited4 opinions

  1. In Re PappasDistrict Court, S.D. Ohio · 1962
  2. In Re O'DellDistrict Court, D. Kansas · 1961
  3. In Re CopesDistrict Court, D. Kansas · 1962
  4. In Re WilderDistrict Court, M.D. Georgia · 1963

3Cited by6 opinions

  1. Hickman v. First State Bank of Cordele (In Re Motley)United States Bankruptcy Court, M.D. Georgia · 1981
  2. United States v. Inslaw, Inc. (Inslaw, Inc.)District Court, District of Columbia · 1989
  3. Rounds v. Community Nat. Bank in MonmouthDistrict Court, S.D. Illinois · 1978
  4. Edward J. Cheetham, Debtor v. Universal C. I. T. Credit Corp., [In the Matter of Edward J. Cheetham, Debtor]Court of Appeals for the First Circuit · 1968
  5. In Re HowardDistrict Court, E.D. Arkansas · 1971

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