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Legal Opinion

Central Mortgage & Trust, Inc. v. State (In Re Central Mortgage & Trust, Inc.)

District Court, S.D. Texas

Decided July 18, 1985No. 1:02-mc-00005PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CAROLYN DINEEN RANDALL, Circuit Judge: *

This case raises the issue whether a mortgage and trust company, engaged in the business of originating and servicing mortgage loans and selling interests in pools of such loans to investors, may be a debtor under the Bankruptcy Code. For the reasons set forth herein, this court finds that the company does not fall within the list of entities that are precluded from seeking relief under the federal bankruptcy laws and therefore denies the defendants’ motion to dismiss this case.

I

FACTUAL AND PROCEDURAL BACKGROUND

On July 5,…

2Cases cited19 opinions

  1. International Shoe Co. v. PinkusSupreme Court of the United States · 1929
  2. Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
  3. Fidelity Assurance Assn. v. SimsSupreme Court of the United States · 1943
  4. Gamble v. DanielCourt of Appeals for the Eighth Circuit · 1930
  5. In Re Prudence Co.Court of Appeals for the Second Circuit · 1935

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re Republic Trust & Savings Co.United States Bankruptcy Court, N.D. Oklahoma · 1986
  2. Duvoisin v. Anderson (In Re Southern Industrial Banking Corp.)District Court, E.D. Tennessee · 1986
  3. In Re Sherwood Enterprises, Inc.United States Bankruptcy Court, S.D. Texas · 1989
  4. In Re Iowa TrustUnited States Bankruptcy Court, N.D. Iowa · 1992
  5. In Re Uno Broadcasting Corp.United States Bankruptcy Court, D. Arizona · 1994

8 more not listed; retrieve them via the Exa API.

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