Legal Opinion
Bank of New York v. Gould (In re Holywell Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided March 20, 1985No. Bankruptcy No. 84-01590-BKC-TCB; Adv. No. 85-0160-BKC-TCBPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
The debtors’ largest secured creditor seeks a determination of the amount, validity and priority of its lien. The matter was heard on March 14.
The plaintiff’s lien is disputed by the debtors through two counts which assert breaches of contract, one count which alleges fraud, another count which alleges criminal usury, and a fifth count which asserts a civil RICO claim.
Shortly after this adversary complaint was filed by the plaintiff/creditor, the debtors amended their complaint then pending in the District Court against the…
2Cases cited6 opinions
- Gunn Plumbing, Inc. v. Dania BankSupreme Court of Florida · 1971
- Bond v. Koscot Interplanetary, Inc.District Court of Appeal of Florida · 1971
- Ingram Corporation v. J. Ray Mcdermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1983
- Frye v. TaylorDistrict Court of Appeal of Florida · 1972
- Schaal v. RaceDistrict Court of Appeal of Florida · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bankr. L. Rep. P 73,388 in Re Holywell Corporation, Debtor. Holywell Corporation v. Bank of New YorkCourt of Appeals for the Eleventh Circuit · 1990
- Rodriguez and Caballero v. Ocean BankDistrict Court of Appeal of Florida · 2016
- Leader Global Solutions LLC v. YankelewitzDistrict Court, S.D. Florida · 2017