Legal Opinion
In Re Memorial Estates, Inc., Debtor. Appeal of Cemco, Inc
Court of Appeals for the Seventh Circuit
Decided September 8, 1986No. 85-1196PublishedCited by 26 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal in a bankruptcy case requires us to decide two questions of surprising novelty: whether an order by a district judge appointing a receiver in a bankruptcy case is ever appealable even though it is not a final order, and, if so (for, if not, we cannot reach the issue on the merits), whether the law ever allows the appointment of a receiver in a bankruptcy case.
The principal asset of Memorial Estates, Inc. is a cemetery on which the Chicago Bank of Commerce has a mortgage for more than $400,000. Memorial defaulted on the loan secured by the mortgage. The bank…
2Cases cited13 opinions
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
- Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
- In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
- Securities and Exchange Commission v. First Financial Group of TexasCourt of Appeals for the First Circuit · 1981
- In Re Samuel William SAX, Debtor, Appeal of THREE RIVERS MARINE SERVICE, INC.Court of Appeals for the Seventh Circuit · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In the Matter of MORSE ELECTRIC COMPANY, INC., Debtor. Appeal of HOOSIER FENCE COMPANY, INC.Court of Appeals for the Seventh Circuit · 1986
- In the Matter of Memorial Estates, Incorporated, Debtor. Appeal of Cemco, Incorporated, William L. NeedlerCourt of Appeals for the Seventh Circuit · 1992
- In the Matter of William W. Wagner, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1986
- In Re TornheimUnited States Bankruptcy Court, S.D. New York · 1995
- 18 Collier bankr.cas.2d 291, Bankr. L. Rep. P 72,150 in Re Cassidy Land and Cattle Co., Inc., Debtor. Robert F. Craig, Trustee of Cassidy Land and Cattle Co., Inc. v. McCarty Ranch TrustCourt of Appeals for the Eighth Circuit · 1988
21 more not listed; retrieve them via the Exa API.