Legal Opinion

Creel v. Birmingham Trust National Bank

District Court, N.D. Alabama

Decided March 20, 1974No. Civ. A. 73-G-287-SPublishedCited by 13 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GUIN, District Judge.

This case comes before the court on cross motions by the plaintiff trustee in bankrupty and by the defendant bank and individual defendants J. P. and Edward W. Mudd for summary judgment pursuant to Rule 56, F.R.C.P. The case is one of first impression, raising the question whether funds deposited by a corporation in the defendant bank to secure payment of a judgment in favor of two former employees are, upon bankruptcy of the corporation, property of its trustee in bankruptcy.

The court has jurisdiction of this cause by virtue of the…

2Cases cited19 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Blakey v. BrinsonSupreme Court of the United States · 1932
  3. Gulf Petroleum, S.A. v. Luis G. Collazo, Trustee in BankruptcyCourt of Appeals for the First Circuit · 1963
  4. Rogers Locomotive & MacHine Works v. KelleyNew York Court of Appeals · 1882
  5. Chambers v. SeaySupreme Court of Alabama · 1882

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3Cited by13 opinions

  1. Hasset v. Blue Cross & Blue Shield (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1985
  2. Coco v. Eli Haddad Corp. (In Re Coco)United States Bankruptcy Court, S.D. New York · 1986
  3. Keene Corp. v. Acstar Insurance (In Re Keene Corp.)United States Bankruptcy Court, S.D. New York · 1994
  4. In Re DouglasUnited States Bankruptcy Court, W.D. Tennessee · 1982
  5. Nicola v. Northfield Insurance Co. (In Re Redfeather Fast Freight, Inc.)United States Bankruptcy Court, D. Nebraska · 1979

8 more not listed; retrieve them via the Exa API.

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