Legal Opinion

United Virginia Bank v. Virginia Foundry Co. (In Re Virginia Foundry Co.)

District Court, W.D. Virginia

Decided February 20, 1981No. Bankruptcy 7-80-00470PublishedCited by 48 opinions

1Opinion of the Court

MEMORANDUM OPINION

TURK, Chief District Judge.

This is an appeal arising out of a Chapter 11 proceeding in the bankruptcy court. Appellant, United Virginia Bank, a secured creditor, challenges a June 2, 1980, order and memorandum opinion of the bankruptcy court in which that court determined that appellant’s attorney’s fees were to be allowed in accordance with Title 11 U.S.C. § 503 and Rule of Bankruptcy Procedure 219 and that appellant is “adequately protected” under § 362. 1 The court finds both issues to have been wrongly considered by the bankruptcy court, and, accordingly, reverses that…

2Cases cited9 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Swift v. TysonSupreme Court of the United States · 1842
  4. Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
  5. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935

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3Cited by48 opinions

  1. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  2. In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982
  3. GRUNDY NATIONAL BANK, Appellant, v. TANDEM MINING CORPORATION; Jerry Marshall Lester; Benny Joe Burks, AppelleesCourt of Appeals for the Fourth Circuit · 1985
  4. Unsecured Creditors' Committee 82-00261c-11a v. Walter E. Heller & Company Southeast, Inc., in Re K.H. Stephenson Supply Company, DebtorCourt of Appeals for the Fourth Circuit · 1985
  5. In Re Briggs Transportation Company, Debtor. Lend Lease, a Division of National Car Rental Systems, Inc. v. Briggs Transportation Company, in Re Briggs Transportation Company, Debtor. General Motors Acceptance Corporation v. Briggs Transportation CompanyCourt of Appeals for the Eighth Circuit · 1986

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