Legal Opinion

In re Great Basin Holding Corp.

United States Bankruptcy Court, D. Nevada

Decided February 3, 1981No. Bankruptcy No. BK-LV 77-301Published

1Opinion of the Court

MEMORANDUM OPINION

LLOYD D. GEORGE, Bankruptcy Judge.

The Trustee in the above-entitled bankruptcy proceeding has objected to the claim of First Wisconsin National Bank of Milwaukee, insofar as it would attribute a priority status to the amount due this creditor. In response, the Bank has set forth an ancient basis for its alleged priority position, claiming a common law right of distress as a commercial landlord, which it asserts would give it a position superior to that of the general creditors herein. Despite an absence of Nevada case law directly on point, the Court finds that the general…

2Cases cited18 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  3. Mueller v. NugentSupreme Court of the United States · 1902
  4. Bank v. ShermanSupreme Court of the United States · 1880
  5. In re West Side Paper Co.Court of Appeals for the Third Circuit · 1908

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