Legal Opinion
Sullivan v. Willock (In Re Wey)
District Court, C.D. Illinois
Decided October 29, 1987No. 86-3028PublishedCited by 9 opinions
1Opinion of the Court
OPINION ORDER
MILLS, District Judge:
Bankruptcy appeal.
Bankrupt contracted to purchase hotel— $520,000 down payment — forfeiture if $4,680,000 not paid in 6 months — default— sellers kept down payment and retained title to hotel.
The trustee in bankruptcy appeals under 28 U.S.C. § 158 from a final order of the bankruptcy court dismissing his amended complaint to set aside the contract forfeiture. He argues the forfeiture is both preferential and fraudulent within the meaning of §§ 547 and 548 of Title 11. Pursuant to Bankr.Rule 7012, the adjunct tribunal held that the pleading failed to state a…
2Cases cited16 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
- In Re Gold Coast Seed Company, Debtor, M. Nolden, Trustee v. Van Dyke Seed Company, Inc.Court of Appeals for the Ninth Circuit · 1985
- Campbell v. Cannington (In Re Economy Milling Co.)District Court, D. South Carolina · 1983
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In the Matter of Dan L. Wey, Debtor. Appeal of Robert L. Sullivan, Trustee in Bankruptcy v. William W. Willock, Jr. And Adelaide I. WillockCourt of Appeals for the Seventh Circuit · 1988
- Pinto v. Philadelphia Fresh Food Terminal Corp. (In Re Pinto)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Marine Midland Bank v. Breeden (In Re Bennett Funding Group, Inc.)District Court, N.D. New York · 2000
- Michaels v. National Bank of Sussex County (In Re E-Tron Corp.)United States Bankruptcy Court, D. New Jersey · 1992
- Rosen v. Dahan (In Re Minh Vu Hoang)District Court, D. Maryland · 2012
4 more not listed; retrieve them via the Exa API.