Legal Opinion

First National Bank of Peoria v. Muller (In Re Muller)

District Court, C.D. Illinois

Decided March 31, 1987No. 86-3021PublishedCited by 16 opinions

1Opinion of the Court

OPINION AND ORDER

MILLS, District Judge:

This appeal from the bankruptcy court concerns the scope that court’s authority to decide the interests of the parties in proceeds of a certified check issued to the debtors, but never cashed.

Before the debtors filed for bankruptcy, they had filed suit in state court to determine ownership of a farm for which the check was tendered. After they filed bankruptcy, a creditor bank perfected a lien on the check, and filed an adversary proceeding to determine the priority of its lien. The bankruptcy court found that the check was tendered in full payment for…

2Cases cited23 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Quercia v. United StatesSupreme Court of the United States · 1933
  3. Hooks v. HooksCourt of Appeals for the Sixth Circuit · 1985
  4. Phyllis S. Hamm v. Members of the Board of Regents of the State of Florida, DefendantsCourt of Appeals for the Eleventh Circuit · 1983
  5. A. C. Newman, Jr., Plaintiff-Appellee-Cross v. A. E. Staley Manufacturing Company, a Corporation, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1981

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3Cited by16 opinions

  1. In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
  2. Wynn v. Eriksson (In re Wynn)Court of Appeals for the Fifth Circuit · 1989
  3. Marriott Family Restaurants, Inc. v. Lunan Family Restaurants (In Re Lunan Family Restaurants)United States Bankruptcy Court, N.D. Illinois · 1996
  4. Levovitz v. Verrazano Holding Corp. (In Re Verrazano Holding Corp.)United States Bankruptcy Court, E.D. New York · 1988
  5. First National Bank of Maryland v. United States Wall Corp. (In Re Incor, Inc.)United States Bankruptcy Court, D. Maryland · 1989

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