Legal Opinion

In Re Dunckle Associates, Inc.

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 15, 1982No. 19-10122PublishedCited by 16 opinions

1Opinion of the Court

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

On January 21, 1982, the Court entered an Order denying the application of a secured creditor to obtain a super priority lien for funds to be expended to winterize four (4) partially completed construction projects on which it held first deeds of trust. The following Opinion is entered in support of that Order. 1

The issue at bench is whether the Bankruptcy Reform Act of 1978 (the Code) authorizes a secured creditor of the Chapter 11 debtor to expend approximately $670,-993.00 for winterization of the debtor’s major asset and to secure those…

2Cases cited13 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1973
  2. In Re 620 Church Street Building Corp.Supreme Court of the United States · 1936
  3. Hotel Associates, Inc. v. Trustees of Central States SE & SW Areas Pension Fund (In Re Hotel Associates, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1980
  4. Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
  5. Provident Bank v. BBT (In Re BBT)United States Bankruptcy Court, D. Nevada · 1981

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

3Cited by16 opinions

  1. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  2. In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986
  3. GAF Corp. v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
  4. Johnson v. First National BankCourt of Appeals for the Eighth Circuit · 1983
  5. In Re Grant Broadcasting of Philadelphia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

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