Legal Opinion
In Re Hilling Lumber Co.
United States Bankruptcy Court, N.D. West Virginia
Decided November 16, 2006No. 05-1773PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
Wells Fargo Financial Leasing, Inc. (‘Wells Fargo”), seeks to compel disbursement of about $209,900 in auction proceeds related to the sale of a leased commercial building and three items of equipment. Branch Banking & Trust Company (“BB & T”) opposes the motion asserting that the amount due to Wells Fargo is far less than $209,900 on two grounds: (1) the commercial building became part of the Debtor’s real property, which limits Wells Fargo’s recovery of proceeds to the amount that it inserted in the deed of trust securing the lease…
2Cases cited9 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Ralph F. Patten, Jr. v. Signator Insurance Agency, Incorporated Signator Investors, Incorporated John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2006
- Shannon L. Haslund v. Simon Property Group, Inc.Court of Appeals for the Seventh Circuit · 2004
- In the Matter of CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of FARMERS COOPERATIVE ELEVATOR, RAKE, IOWACourt of Appeals for the Seventh Circuit · 1985
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3Cited by1 opinion
- Schortmann v. United StatesUnited States Court of Federal Claims · 2010