Legal Opinion

In Re Tapp

District Court, W.D. Kentucky

Decided July 23, 1945No. 14132PublishedCited by 4 opinions

1Opinion of the Court

MILLER, District Judge.

Three creditors of the bankrupt, James Prewitt Tapp, have petitioned for a review of the Referee’s order of April 27, 1945.

Following the adjudication of the bankrupt on March 15, 1941, the Trustee was authorized to institute suit in the Clark Circuit Court of Kentucky to set aside a preferential real estate mortgage. The Circuit Court held that the payments to the three creditors in question from the proceeds of the sale of the mortgaged property were preferential, but made a -distribution of these proceeds according to its own theory of the case instead of ordering…

2Cases cited8 opinions

  1. Preece v. WoolfordCourt of Appeals of Kentucky · 1923
  2. Noel's Administratrix v. Black's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1932
  3. Tapp v. Tapp's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1945
  4. Hall v. Proctor Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Faulkner v. FaulknerCourt of Appeals of Kentucky (pre-1976) · 1937

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

3Cited by4 opinions

  1. APAC-Virginia, Inc. v. Jenkins Landscaping & Excavating, Inc. (In Re Jenkins Landscaping & Excavating, Inc.)District Court, W.D. Virginia · 1988
  2. Prestige Ltd. Partnership-Concord v. East Bay Car Wash Partners (In Re Prestige Ltd. Partnership-Concord)United States Bankruptcy Court, N.D. California · 1998
  3. In Re LittleUnited States Bankruptcy Court, N.D. New York · 1987
  4. In re TappDistrict Court, W.D. Kentucky · 1946

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