Legal Opinion

Coleman v. J & B Enterprises, Inc. (In Re Veterans Choice Mortgage)

United States Bankruptcy Court, S.D. Georgia

Decided March 14, 2003No. 17-50757PublishedCited by 5 opinions

1Opinion of the Court

ORDER

JOHN S. DALIS, Chief Judge.

The Trustee objects to the claim of J & B Enterprises, Inc (herein “J & B”) filed in this case. Under Title 11 U.S.Code, the Bankruptcy Code, the property rights and priorities of secured creditors outside of bankruptcy are preserved. To the extent J & B is a pre-transfer creditor, it’s pre-petition hen will attach to any property recoverable by the trustee as an 11 U.S.C. § 548 fraudulent conveyance, and under those circumstances it’s claim is superior to that of the trustee. To the extent J & B is a post-transfer creditor it’s pre-petition hen will attach to…

2Cases cited12 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Joseph COHEN, Plaintiff-Appellee, v. Joseph BUCCI, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  3. Barber v. McCord Auto Supply, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1995
  4. Fidelity & Deposit Co. v. Exchange BankSupreme Court of Georgia · 1897
  5. First National Bank v. BaylessSupreme Court of Georgia · 1895

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

3Cited by5 opinions

  1. Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009
  2. In Re ClarkUnited States Bankruptcy Court, M.D. Alabama · 2007
  3. In Re Broward Kitchens & Baths, Inc.United States Bankruptcy Court, S.D. Florida. · 2010
  4. Rajesh C PatelUnited States Bankruptcy Court, N.D. Georgia · 2019
  5. Scarver v. Zurich American Insurance CompanyUnited States Bankruptcy Court, N.D. Georgia · 2021

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API