Legal Opinion
Rainbow Trust v. Moulton Construction, Inc. (In Re Rainbow Trust)
United States Bankruptcy Court, D. Vermont
Decided October 4, 1996No. 19-10036PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
FRANCIS G. CONRAD, Bankruptcy Judge.
Before us 1 , on cross-motions for summary judgment, is the issue of whether Moulton is entitled to a holdback amount of $159,250 plus interest or whether Moulton must instead turn over funds previously distributed to it as a secured creditor. We hold that Moulton is entitled to the holdback amount, plus interest, as a matter of law. Presenting this matter of law in a perspicuous manner without a brief recitation of the undisputed material facts, however, would be unthinkable. Consequently,…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Howard Hossman v. William Spradlin, James Kimmel and Jack R. DuckworthCourt of Appeals for the Seventh Circuit · 1987
- John W. Farries v. Stanadyne/chicago DivisionCourt of Appeals for the Seventh Circuit · 1987
- Eastman MacHine Company, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1988
- United States Steel Corp. v. Elton H. Darby, Defendant-Third Party v. Southern Fabricating Company, Inc., Third PartyCourt of Appeals for the Third Circuit · 1975
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3Cited by5 opinions
- In Re WeidelUnited States Bankruptcy Court, M.D. North Carolina · 1997
- In Re Worldcom, Inc.United States Bankruptcy Court, S.D. New York · 2009
- In Re AhokasUnited States Bankruptcy Court, D. Vermont · 2007
- In Re Rainbow TrustBankruptcy Appellate Panel of the Second Circuit · 1997
- Rainbow Trust v. Moulton Construction, Inc. (In Re Rainbow Trust)United States Bankruptcy Court, D. Vermont · 1997