Legal Opinion

Boldt v. Alpha Beta Co. (In Re Price Chopper Supermarkets, Inc.)

United States Bankruptcy Court, S.D. California

Decided June 13, 1984No. 19-00404PublishedCited by 19 opinions

1Opinion of the Court

OPINION ON: MOTION FOR SUMMARY JUDGMENT

LOUISE DeCARL MALUGEN; Bankruptcy Judge.

Price Chopper Supermarkets, Inc. (“Price Chopper” or “Debtor”), a discount retail grocer, purchased certain grocery inventory from Alpha Beta Company (“Alpha Beta”), executing a $125,000 promissory note in favor of Alpha Beta on February 19, 1981. To assure payment of this promissory note, Alpha Beta requested and received a $125,000 standby Letter of Credit from the Bank of America (“Bank”) on February 28, 1981. The Letter of Credit provided that at any time up to May 15, 1981 the Bank had an irrevocable…

2Cases cited9 opinions

  1. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  2. Page v. First National Bank of MaryLand (In Re Page)District Court, District of Columbia · 1982
  3. In Re MJ Sales & Distributing Co., Inc.United States Bankruptcy Court, S.D. New York · 1982
  4. First Nat. Bank of Danville v. PhalenCourt of Appeals for the Seventh Circuit · 1932
  5. First Empire Bank-New York v. Federal Deposit InsuranceCourt of Appeals for the Ninth Circuit · 1978

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3Cited by19 opinions

  1. In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
  2. In Re Properties, Inc.Court of Appeals for the Eleventh Circuit · 1986
  3. In Re Air Conditioning, Inc. Of Stuart, Debtor. American Bank of Martin County, Douglass E. Wendel, Trustee v. Leasing Service CorporationCourt of Appeals for the Eleventh Circuit · 1988
  4. DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)United States Bankruptcy Court, E.D. New York · 1985
  5. Advanced Ribbons & Office Products, Inc. v. U.S. Interstate Distributing, Inc. (In Re Advanced Ribbons & Office Products, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

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