Legal Opinion
Herzog v. NBD Bank of Highland Park
District Court, N.D. Illinois
Decided November 15, 1996No. 95 C 7526PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
NORDBERG, District Judge.
Appellant David Herzog, Trustee in Bankruptcy (“Trustee”), appeals the November 9, 1995 decision dismissing Trustee’s adversary proceeding entered by the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, in case number 95 A 509. The Bankruptcy Court ruled that the Trustee failed to state a claim that, under a theory of equitable marshalling, the Court should require appellant NBD Bank of Highland Park (“NBD”) to satisfy its debt out of a certificate of deposit securing the debt, leaving property in the…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Brian Cornfield, a Minor, by His Mother and Next Friend, Janet Lewis v. Consolidated High School District No. 230, Richard Spencer, and James FryeCourt of Appeals for the Seventh Circuit · 1993
- Meyer v. United StatesSupreme Court of the United States · 1963
- Carl Sandburg Village Condominium Association No. 1, Plaintiffs v. First Condominium Development Co.Court of Appeals for the First Circuit · 1985
- Sowell v. Federal Reserve Bank of DallasSupreme Court of the United States · 1925
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3Cited by3 opinions
- Dixon v. American Community Bank & Trust (In Re Gluth Bros. Construction, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
- Ramette v. United States (In Re Bame)United States Bankruptcy Court, D. Minnesota · 2001
- Illini Bank v. Clark (In Re Snyder)United States Bankruptcy Court, C.D. Illinois · 2010