Legal Opinion

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

Decided May 14, 1979No. 77-2240PublishedCited by 91 opinions

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

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Katchen v. LandySupreme Court of the United States · 1966
  4. Heiser v. WoodruffSupreme Court of the United States · 1946
  5. Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978

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3Cited by91 opinions

  1. Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
  2. C. A. Hardy v. Johns-Manville Sales CorporationCourt of Appeals for the Fifth Circuit · 1982
  3. David Stone and Colleen Stone v. John Wilson Kirk and J.W.K. Land and Cattle Company, Inc.Court of Appeals for the Sixth Circuit · 1993
  4. Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
  5. Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980

86 more not listed; retrieve them via the Exa API.

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