Legal Opinion
InterFirst Bank Fannin v. Bernell (In Re Mesa Intercontinental, Inc.)
United States Bankruptcy Court, S.D. Texas
Decided October 6, 1987No. 19-03312PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
MANUEL D. LEAL, Bankruptcy Judge.
Pursuant to a ruling at a hearing on the motion of each party for summary judgment, all matters in this adversary proceed ing were resolved except one. The only issues pending before the court are whether the doctrine of marshaling of assets applies, and whether the plaintiff has the duty to marshal assets. This court concludes that marshaling of assets is inappropriate in this circumstance and that the plaintiff need not marshal assets as a matter of law.
FACTS
The plaintiff, InterFirst Bank Fannin (“InterFirst”), and the defendant, M. Louis…
2Cases cited30 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
- Holland America Insurance Company v. Succession of Shepherd J. Roy, the Union Bank and Central Pecan Shelling Company, Inc.Court of Appeals for the Fifth Circuit · 1985
- Meyer v. United StatesSupreme Court of the United States · 1963
- Sowell v. Federal Reserve Bank of DallasSupreme Court of the United States · 1925
25 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chittenden Trust Co. v. Sebert Lumber Co. (In Re Vermont Toy Works, Inc.)District Court, D. Vermont · 1991
- Wurst v. City of New York (In Re Packard Properties, Ltd.)United States Bankruptcy Court, N.D. Texas · 1990
- In Re CranerUnited States Bankruptcy Court, N.D. New York · 1988
- LTV Steel Co. v. Connors (In Re Chateaugay Corp.)District Court, S.D. New York · 1990
- Blackburn v. Blue Cross & Blue Shield of Northern Ohio (In Re GF Corp.)United States Bankruptcy Court, N.D. Ohio · 1991
5 more not listed; retrieve them via the Exa API.