Legal Opinion
Leonard v. R.E. Fritz, Inc. (In Re Enggren's Enterprises, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided October 6, 2000No. 00-6021 NEPublishedCited by 1 opinion
1Opinion of the Court
SCHERMER, Bankruptcy Judge.
The trustee, Brian F. Leonard, (“Trustee”) appeals from a bankruptcy court decision entered January 31, 2000 finding that by virtue of language contained in an agreement for inventory liquidation, the Trustee had waived any right to seek avoidance of a lien held by R.E. Fritz, Inc. (“Fritz”), one of the Debtor’s creditors and signatory to the agreement. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we reverse.
ISSUE
The issue on appeal is whether under Minnesota law the…
2Cases cited12 opinions
- Jerry M. BASS; Bonnie Bass, Appellees, v. GENERAL MOTORS CORPORATION, AppellantCourt of Appeals for the Eighth Circuit · 1998
- Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
- Current Technology Concepts, Inc. v. Irie Enterprises, Inc.Supreme Court of Minnesota · 1995
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Metro Office Parks Co. v. Control Data Corp.Supreme Court of Minnesota · 1973
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3Cited by1 opinion
- Lewallen v. Green Tree Servicing, L.L.C.District Court, W.D. Missouri · 2006