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Legal Opinion

In Re Carolina Utilities Supply Company, Inc.

United States Bankruptcy Court, D. South Carolina

Decided April 13, 1990No. 19-00954PublishedCited by 6 opinions

1Opinion of the Court

ORDER

WILLIAM THURMOND BISHOP, Bankruptcy Judge.

Before the court is the debtor’s motion to use cash collateral pursuant to 11 U.S.C. § 363. 1 First Factors Corporation (“First Factors” or “the Bank”) objects and contends that the financing arrangement between First Factors and the debtor under their “Factoring Contract and Security Agreement” was a factoring agreement (“sale”) as to specific accounts or invoices rather than a loan secured by these accounts. First Factors also asserts that since it purportedly purchased and acquired the debtor’s accounts receivable, collections on such accounts…

2Cases cited12 opinions

  1. In Re Merritt Dredging Company, Inc., Debtor. Compliance Marine, Inc. v. Kevin Campbell, Trustee--AppelleeCourt of Appeals for the Fourth Circuit · 1988
  2. In Re: The Woodson Company, Debtor. Fireman's Fund Insurance Companies v. William B. Grover, Trustee, and Official Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1987
  3. Capozzoli v. Stone & Webster Engineering Corp.Supreme Court of Pennsylvania · 1945
  4. In the Matter of Joseph Kanner Hat Co., Inc., Bankrupt. Stuart I. Levin, Trustee-Appellant v. City Trust CompanyCourt of Appeals for the Second Circuit · 1973
  5. Smith-Faris Co. v. Jameson Memorial Hospital Ass'nSupreme Court of Pennsylvania · 1933

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3Cited by6 opinions

  1. Structured Investments Co. v. Dunlap (In Re Dunlap)United States Bankruptcy Court, E.D. Virginia · 2011
  2. Stephenson v. First Union National Bank (In Re Berry)United States Bankruptcy Court, D. South Carolina · 1995
  3. Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1997
  4. In re Madawaska Hardscape Products, Inc.United States Bankruptcy Court, D. South Carolina · 2012
  5. In re: John J. Reilly and Anne H. Reilly v. Steven Goldsher and Linda Goldsher, Plaintiffs, v. Richard Mason, Chapter 7 Trustee, Defendant.United States Bankruptcy Court, N.D. Illinois · 2026

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