Legal Opinion
Small v. Williams
Court of Appeals for the Fourth Circuit
Decided January 9, 1963No. 8740PublishedCited by 10 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
The principal question arises out of the allowance by the bankruptcy court of the secured claim of the President and dominant stockholder of the Bankrupt. Upon various grounds, it is contended upon behalf of the Trustee that the claim should be deferred to the claims of all general creditors. We think the claim was properly allowed as a secured claim, but we conclude that the officer-stockholder received a certain preferential payment.
Armstrong Freight Lines, Inc., the Bankrupt, was organized in January 1958 pursuant to a rather elaborate agreement entered into…
2Cases cited15 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Richardson's v. GreenSupreme Court of the United States · 1890
- Manufacturers Trust Co. v. BeckerSupreme Court of the United States · 1950
- Monroe v. ScofieldCourt of Appeals for the Tenth Circuit · 1943
- Stuart v. LarsonCourt of Appeals for the Eighth Circuit · 1924
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Intertherm, Inc. v. Olympic Homes Systems, Inc.Court of Appeals of Tennessee · 1978
- Charles C. Shaw, as Trustee in Bankruptcy of Bemporad Carpet Mills, Inc., Bankrupt v. Walter E. Heller & CompanyCourt of Appeals for the Fifth Circuit · 1967
- Smith v. Creative Financial Management, Inc. (In re Virginia-Carolina Financial Corp.)Court of Appeals for the Fourth Circuit · 1992
- Austin v. National Discount Corp.Court of Appeals for the Fourth Circuit · 1963
5 more not listed; retrieve them via the Exa API.