Legal Opinion

United States ex rel. Small Business Administration v. Friend (In re A. E. I. Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 20, 1981No. Bankruptcy No. 80-00370T; Adv. No. 80-0379PublishedCited by 22 opinions

1Opinion of the Court

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The Small Business Administration [hereinafter referred to as SBA], a secured creditor of the debtor, has filed a complaint to *99modify the stay pursuant to 11 U.S.C. § 362 (1979). Two issues have been presented to the Court for resolution: first, whether the SBA should be subject to the equitable doctrine of marshaling of assets, and first satisfy its security interest from the assets pledged as personal guarantees of officers of the corporation before reclaiming corporate assets; second, whether the SBA is entitled to certain rents received from…

2Cases cited5 opinions

  1. Meyer v. United StatesSupreme Court of the United States · 1963
  2. Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
  3. Mision Industrial, Inc. v. Environmental Protection Agency and Russell Train, AdministratorCourt of Appeals for the First Circuit · 1976
  4. United States v. Bethlehem Steel CompanyDistrict Court, D. Maryland · 1962
  5. Feldman v. Philadelphia National BankDistrict Court, E.D. Pennsylvania · 1976

3Cited by22 opinions

  1. Fundex Capital Corp. v. Balaber-Strauss (In Re Tampa Chain Co.)United States Bankruptcy Court, S.D. New York · 1985
  2. Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
  3. Investment Hotel Properties, Ltd. v. New West Federal Savings & Loan Ass'n (In Re Investment Hotel Properties, Ltd.)United States Bankruptcy Court, D. Colorado · 1990
  4. Federal Land Bank of Columbia v. Tidwell (In Re McElwaney)United States Bankruptcy Court, M.D. Georgia · 1984
  5. Whirlpool Corp. v. Plad, Inc. (In Re Plad, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982

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