Legal Opinion

West Virginia Tractor & Equipment Co. v. Orlando Coals, Inc. (In Re Orlando Coals, Inc.)

United States Bankruptcy Court, S.D. West Virginia

Decided October 31, 1980No. Bankruptcy No. 80-10053, Adv. No. 80-0115PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

The Plaintiff, West Virginia Tractor & Equipment Co., Inc., seeks a lifting of the automatic stay imposed by 11 U.S.C. § 362(a) to permit it to foreclose upon a coal preparation plant in the Debtor’s possession secured by a deed of trust. In the alternative, the Plaintiff asks for adequate protection in the form of periodic monthly cash payments in an amount to be set by the Court.

The parties stipulated that the coal preparation plant was purchased from West Virginia Tractor by Orlando Coals, Inc., in October, 1976, for the cash price of…

2Cases cited9 opinions

  1. Ingersoll-Rand Financial Corp. v. 5-Leaf Clover Corp. (In Re 5-Leaf Clover Corp.)United States Bankruptcy Court, S.D. West Virginia · 1980
  2. Oney v. ClendeninWest Virginia Supreme Court · 1886
  3. Clarksburg Casket Co. v. Valleu Undertaking Co.West Virginia Supreme Court · 1917
  4. Epps v. Blackshear (In Re Epps)District Court, S.D. New York · 1980
  5. Adams v. MedskerWest Virginia Supreme Court · 1884

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

3Cited by9 opinions

  1. Commonwealth of Pennsylvania State Employes' Retirement Fund v. Roane (In Re Roane)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  2. Federal National Mortgage Ass'n v. DiBona (In Re DiBona)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  3. Wolford v. Wolford Enterprises, Inc. (In Re Wolford Enterprises, Inc.)United States Bankruptcy Court, S.D. West Virginia · 1981
  4. Green Mountain Bank v. Jamaica House, Inc. (In Re Jamaica House, Inc.)United States Bankruptcy Court, D. Vermont · 1983
  5. Vermont Federal Savings & Loan Ass'n v. Burlington Tennis Associates (In Re Burlington Tennis Associates)United States Bankruptcy Court, D. Vermont · 1983

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

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

Powered by the Exa API