In the Matter of Alfred Lawrence Merrill, A/K/A Larry Merrill, Bankrupt. Larry Merrill v. Walter E. Heller & Company of Alabama, a Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GODBOLD, Circuit Judge:
Appellant filed a voluntary petition in bankruptcy on October 8, 1977. In his Bankruptcy Statement Merrill listed Walter E. Heller & Company (Heller) as a creditor with a claim for $348,078.77. The debt was characterized as a “pending suit.” The pending suit was an action brought by Heller against appellant, his wife and two children in state court for $343,078.77 allegedly due on agreements for financing of accounts receivable and on personal guaranty agreements. Upon the filing of the voluntary proceeding, appellant was dropped as a defendant in the state court…
2Cases cited10 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Katchen v. LandySupreme Court of the United States · 1966
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
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- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
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