Legal Opinion

Grossman v. Lothian Oil Inc.

Court of Appeals for the Fifth Circuit

Decided August 9, 2011No. 10-50683PublishedCited by 42 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

This case reaches us after extensive litigation in the bankruptcy and district courts. It also brings a host of motions in its wake. One of the disputes — whether the bankruptcy court may recharacterize a claim as equity rather than debt — raises a novel question of law on which this court has yet to speak. The other assertions of error are without merit.

I

The parties to this bankruptcy appeal have a business history extending from at least April 27, 2005. On that date, Israel Grossman and the Secretary of Lothian Oil signed a handwritten document that states, in…

2Cases cited13 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Becker v. MontgomerySupreme Court of the United States · 2001
  3. Fin Hay Realty Co. v. United StatesCourt of Appeals for the Third Circuit · 1968
  4. Estate of Travis Mixon, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  5. In Re Official Committee of Unsecured Creditors for Dornier Aviation (North America), Incorporated Fairchild Dornier Gmbh, Debtors. Fairchild Dornier Gmbh Doctor Eberhard Braun, Debtors-Appellants v. The Official Committee of Unsecured Creditors (The Plan Monitoring Committee), Creditor-AppelleeCourt of Appeals for the Fourth Circuit · 2006

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3Cited by42 opinions

  1. Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P.Court of Appeals for the Ninth Circuit · 2013
  2. John Doe v. Archdiocese of MilwaukeeCourt of Appeals for the Seventh Circuit · 2014
  3. Templeton v. O'Cheskey (In Re American Housing Foundation)Court of Appeals for the Fifth Circuit · 2015
  4. Official Committee of Unsecured Creditors of SGK Ventures, LLC v. NewKey Group, LLC (In re SGK Ventures, LLC)United States Bankruptcy Court, N.D. Illinois · 2014
  5. Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013

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