Legal Opinion
Gonzales v. Nabisco Division of Kraft Foods, Inc. (In Re Furr's Supermarkets, Inc.)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided November 24, 2004No. BAP No. NM-04-035. Bankruptcy No. 7-01-10779-SA. Adversary No. 02-1091-SPublishedCited by 9 opinions
1Opinion of the Court
OPINION
MICHAEL, Bankruptcy Judge.
In every bankruptcy dispute, there are winners and losers. We are all familiar with the expression that, when someone complains about a result, it is called a case of “sour grapes.” Today’s dispute does not involve sour grapes, but rather, stale cookies. The issue is whether the invoice price of cookies, crackers, and other food products, delivered to the debtor but later returned to the creditor, should be considered part of the new value given by the creditor to the debtor. The products had significant value when delivered, but no value at the time of their…
2Cases cited12 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Lyons v. Jefferson Bank & TrustCourt of Appeals for the Tenth Circuit · 1993
- Wolfgang v. Mid-America Motorsports, Inc.Court of Appeals for the Tenth Circuit · 1997
- In Re GEORGE RODMAN, INC., Debtor. Thomas J. KENAN, Trustee, Appellee, v. FORT WORTH PIPE COMPANY, AppellantCourt of Appeals for the Tenth Circuit · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- G.H. Leidenheimer Baking Co. v. SharpCourt of Appeals for the Fifth Circuit · 2006
- Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Official Committee of Unsecured Creditors of Enron Corp. Ex Rel. Enron Corp. v. WhalenUnited States Bankruptcy Court, S.D. New York · 2006
- Phoenix Restaurant Group, Inc. v. Proficient Food Co. (In Re Phoenix Restaurant Group, Inc.)District Court, M.D. Tennessee · 2007
- Lightfoot v. Amelia Maritime Services, Inc.United States Bankruptcy Court, E.D. Louisiana · 2008
4 more not listed; retrieve them via the Exa API.