Legal Opinion

In Re SMS, Inc.

United States Bankruptcy Court, D. Kansas

Decided November 18, 1981No. 19-20331PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The creditor, Commerce Bank and Trust Company (Commerce), seeks an order authorizing the trustee to abandon any interest in a credit memo owed the debtor by Palmer News, Inc. at the time the debtor’s chapter 7 petition was filed.

The trustee opposes abandonment asserting Commerce was not secured, and alternatively was not perfected in the credit memo. The trustee also requests attorney’s fees for services rendered as the trustee’s attorney, and disbursement fees under § 326 if ordered to abandon the money collected on the credit memo.

The…

2Cases cited3 opinions

  1. In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
  2. In re MeadowsCourt of Appeals for the Second Circuit · 1914
  3. United States v. Samel Refining Corp.District Court, E.D. Pennsylvania · 1970

3Cited by27 opinions

  1. In re Joliet-Will County Community Action AgencyCourt of Appeals for the Seventh Circuit · 1988
  2. McLemore v. Mid-South Agri-Chemical Corp. (In Re Judkins)United States Bankruptcy Court, M.D. Tennessee · 1984
  3. Nolin Production Credit Ass'n v. Stone (In Re Stone)United States Bankruptcy Court, W.D. Kentucky · 1985
  4. In Re Citizens Mortgage Inv. Trust (Cmit)United States Bankruptcy Court, D. Massachusetts · 1984
  5. In Re WhitneyUnited States Bankruptcy Court, D. Maine · 1983

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