Legal Opinion
German American Capital Corp. v. Oxley Development Co. (In re Oxley Development Co.)
United States Bankruptcy Court, N.D. Georgia
Decided May 16, 2013No. Bankruptcy No. 12-69799-JRS; Adversary No. 12-05568-JRSPublishedCited by 6 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS
JAMES R. SACCA, Bankruptcy Judge.
The issue before the Court is whether this adversary proceeding against the Debtor and related entities should be dismissed because the underlying bankruptcy case was dismissed after the proceeding was filed. This case involves a loan on a real estate development project. The failure of this project coincided with the recession in the construction industry and economy in 2008. In contrast to how rapidly the economy went downhill, litigation related to this loan transaction has taken several trips down different roads, meandering…
2Cases cited16 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Butner v. United StatesSupreme Court of the United States · 1979
- Stern v. MarshallSupreme Court of the United States · 2011
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
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3Cited by6 opinions
- Feingerts v. D'Anna (In re D'Anna)United States Bankruptcy Court, E.D. Louisiana · 2016
- Dupree Farms, LLC v. Producers Agriculture Insurance CompanyUnited States Bankruptcy Court, E.D. North Carolina · 2024
- In re: Shirley Rendra Jones v. Carrington Mortgage Services, LLC, as Servicer for Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NCJ Asset Backed Pass-Through CertificatesUnited States Bankruptcy Court, S.D. Georgia · 2026
- Marlene W. Mitchell v. Wilmington Savings Fund Society, FSB D/B/A Christiana Trust as Trustee of the American Mortgage Investment Partners Fund I Trust and Wilmington Savings Fund Society, FSB D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III, Texas Court of Appeals, 2nd District (Fort Worth)2019
- Pierce v. Deutsche Bank National TrustUnited States Bankruptcy Court, N.D. Georgia · 2019
1 more not listed; retrieve them via the Exa API.