Legal Opinion
Cadle Co. v. Mims
Court of Appeals for the Fifth Circuit
Decided June 2, 2010No. 09-10604PublishedCited by 4 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Appellant The Cadle Company (“Cadle”), the major creditor of the bankruptcy estate of James H. Moore, III (“Moore”), appeals the district court’s affirmance of the bankruptcy court’s approval of a settlement of estate claims over its objection and despite its offer to purchase the claims for higher value. We reverse and remand, concluding that the claims at issue could be sold as well as compromised and that the bankruptcy court’s failure to consider the effect of such a sale was an abuse of discretion.
I
Cadle .sued Moore in state court more than a year before…
2Cases cited33 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
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3Cited by4 opinions
- Cadle Company v. James Moore, IIICourt of Appeals for the Fifth Circuit · 2014
- Henderson v. Bank of America, N.A. (In re Simmons)United States Bankruptcy Court, S.D. Mississippi · 2014
- Cadle Company v. James Moore, IIICourt of Appeals for the Fifth Circuit · 2014
- Cadle Company v. James Moore, IIICourt of Appeals for the Fifth Circuit · 2014