Legal Opinion
In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii Trustee
Court of Appeals for the Sixth Circuit
Decided June 6, 1978No. 76-1794PublishedCited by 127 opinions
1Opinion of the Court
PECK, Circuit Judge.
In 1972, Lawrence Jolly purchased the right to four burial spaces in the Chattanooga Memorial Park and perpetual care and maintenance of the spaces by the Park. Jolly made a downpayment of $40.00, and financed the balance of $688.80 (including interest), by executing a negotiable instrument promising to pay 48 installments of $14.35 each. The contract included an acceleration clause, providing that in the event of default by the purchaser, the Memorial Park had the option of cancelling the contract and retaining any sums paid as liquidated damages, or declaring the balance…
2Cases cited4 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- In Re Greenpoint Metallic Bed Co.Court of Appeals for the Second Circuit · 1940
- In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.Court of Appeals for the Seventh Circuit · 1976
- In the Matter of National Tile & Terrazzo Co., Inc., Bankrupt. Edward M. Walsh, Trustee v. Josephine PaternaCourt of Appeals for the Ninth Circuit · 1976
3Cited by127 opinions
- In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
- In Re Energy Cooperative, Inc., Debtor. Energy Cooperative, Inc., Jay A. Steinberg, Trustee v. Socap International, Ltd.Court of Appeals for the Seventh Circuit · 1987
- Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
- Triangle Laboratories, Inc. v. HalvajianCourt of Appeals for the Third Circuit · 1981
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