Legal Opinion
In the Matter of Edc Holding Company, Debtors. Appeal of Official Creditors' Committee of Wsc Sales Company
Court of Appeals for the Seventh Circuit
Decided May 11, 1982No. 81-2711PublishedCited by 35 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Section 364 of the Bankruptcy Code empowers the bankruptcy judge to authorize the bankrupt to borrow money and give the lender priority over certain other creditors. Subsequent reversal, by the district court or the court of appeals, of the grant of priority does not affect the validity of the priority if it was granted “to an entity that extended such credit in good faith, whether or not such entity knew of the pendency of the appeal,” unless the transaction was stayed pending appeal. 11 U.S.C. § 364(e). We are required in this case to interpret and apply the term “in…
2Cases cited9 opinions
- In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
- In Re Rock Industries MacHinery Corp., F/k/a Lippmann, Inc., Bankrupt. Appeal of Litton Systems, IncCourt of Appeals for the Seventh Circuit · 1978
- Local Joint Executive Board, Afl-Cio v. Hotel Circle, Inc.Court of Appeals for the Ninth Circuit · 1980
- Loc. Joint Exec. Bd., AFL-CIO v. Hotel Circle, Inc.District Court, S.D. California · 1976
- In Re Dutch Inn of Orlando, Ltd., Debtor. Donald Schupak v. Dutch Inn of Orlando, Ltd.Court of Appeals for the Fifth Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- In Re Adams Apple, Inc., Debtor. Robert C. Burchinal, Donald G. Ott, Meton G. Raine, Karen O. Raine, John Ruud, Richard H. Mason, Phyllis Mason, Richard Floren, Rachel Floren, Kenneth R. Irwin, Sharon Irwin, Richard J. Willsey and Cheri Ann Willsey, Plaintiffs v. Central Washington Bank, Bank of California v. Central Washington BankCourt of Appeals for the Ninth Circuit · 1987
- In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
- In The Matter Of Chicago, Milwaukee, St. Paul And Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1986
- Boullioun Aircraft Holding Co. v. Smith Management Western Pacific Airlines, Inc.Court of Appeals for the Tenth Circuit · 1999
30 more not listed; retrieve them via the Exa API.