SLC Ltd. v v. Bradford Group West, Inc. (In Re SLC Ltd. V)
United States Bankruptcy Court, D. Utah
1Opinion of the Court
MEMORANDUM DECISION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT
JUDITH A. BOULDEN, Bankruptcy Judge.
The cross motions for summary judgment in this adversary proceeding between the debtor and its primary secured creditor raise three issues. First, did the pre-petition appointment of a state court receiver result in a preferential transfer? Second, are funds from the settlement of litigation arising from breach of a real property lease general intangibles, or rents and proceeds? Third, did the secured creditor violate the Utah “one-action” rule by obtaining «judgment against guarantors before…
2Cases cited50 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- State v. CopelandUtah Supreme Court · 1988
- Taylor v. BrennanTexas Supreme Court · 1981
- Victory Highway Village, Inc. v. WeaverDistrict Court, D. Minnesota · 1979
- In the Matter of Bristol Associates, Inc., Debtor. Appeal of Girard Trust BankCourt of Appeals for the Third Circuit · 1974
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3Cited by10 opinions
- Indian Motocycle Associates III Ltd. Partnership v. Massachusetts Housing Finance AgencyCourt of Appeals for the First Circuit · 1995
- Union Meeting Partners v. Lincoln National Life Insurance (In Re Union Meeting Partners)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- In the Matter Of: Thomas Shannon Millette, Debtor. O'Neal Steel, Incorporated, Appellant-Cross-Appellee v. E B Incorporated, Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1999
- Matter of MayUnited States Bankruptcy Court, S.D. Georgia · 1994
- Creekstone Apartments Associates, L.P. v. Resolution Trust Corp. (In Re Creekstone Apartments Associates, L.P.)United States Bankruptcy Court, M.D. Tennessee · 1993
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