Legal Opinion
In Re Coleman
United States Bankruptcy Court, W.D. Virginia
Decided March 21, 2002No. 14-50520PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM F. STONE, Jr., Bankruptcy Judge.
This Chapter 11 case filed by Molly Jane Coleman (“Mrs. Coleman”) raises a very fundamental issue as to whether the principal objective she seeks is one which is in keeping with the remedial purposes of the bankruptcy system or in fact constitutes an abuse of that system. That objective is to use the powers of a bankruptcy trustee accorded to her as a debtor-in-possession to attempt to avoid two deeds of trust which she freely granted and which outside of bankruptcy she would have no legal status to challenge. Indeed, to be successful…
2Cases cited8 opinions
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Toibb v. RadloffSupreme Court of the United States · 1991
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- Continental Illinois National Bank & Trust Co. v. Century City, Inc. (In Re Century City, Inc.)United States Bankruptcy Court, D. New Jersey · 1980
- In Re WeaverUnited States Bankruptcy Court, E.D. Virginia · 1998
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3Cited by3 opinions
- In Re Molly Jane Coleman, Debtor. Roger Coleman, and Molly Jane Coleman, Debtor-Appellant v. Community Trust Bank, D/B/A Pikeville National Bank & Trust, and Internal Revenue Service, and United States Trustee, Trustee. In Re Molly Jane Coleman, Debtor. Roger Coleman, and Molly Jane Coleman, Debtor-Appellee v. Community Trust Bank, D/B/A Pikeville National Bank & Trust, and Internal Revenue Service, and United States Trustee, TrusteeCourt of Appeals for the Fourth Circuit · 2005
- In Re PaoliniUnited States Bankruptcy Court, E.D. Virginia · 2004
- Coleman v. Community Trust BankCourt of Appeals for the Fourth Circuit · 2005