Legal Opinion
Paradise Hotel Corporation D/B/A Pineapple Beach Resort v. Bank of Nova Scotia
Court of Appeals for the Third Circuit
Decided March 15, 1988No. 87-3318PublishedCited by 87 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
This appeal requires us to determine whether a fully secured creditor may participate in the filing of an involuntary bankruptcy petition. We must also decide whether the debtor in this case is foreclosed by its response to the involuntary petition from now asserting claims based on alleged wrongdoing on the part of the secured creditor in the filing of that petition. Finally, we address the issue of whether. the complaint states claims upon which relief can be granted.
The district court held that the Bank of Nova Scotia (Bank), although fully…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
- B.F. Hirsch v. Enright Refining Company, Inc.Court of Appeals for the Third Circuit · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Rose v. BartleCourt of Appeals for the Third Circuit · 1989
- U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
- Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
- U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
- Shiner v. MoriartySuperior Court of Pennsylvania · 1998
82 more not listed; retrieve them via the Exa API.