Legal Opinion
In the Matter of David James Bugos, F/d/b/a Kristala Farm, Debtor. Appeal of James P. Bugos
Court of Appeals for the Seventh Circuit
Decided April 16, 1985No. 83-2428PublishedCited by 22 opinions
1Opinion of the Court
CUMMINGS, Chief Judge.
The issue in this case is whether a co-tenant of real property is entitled to subrogation under Section 509(a) of the Bankruptcy Code for payments he made to creditors on behalf of another co-tenant who subsequently petitioned for bankruptcy, where the co-tenants are parent and child and had not entered into a written agreement for repayment. The district court denied sub-rogation on the rationale that the pre-petition payments to creditors constituted a gift from father to son. This Court holds that those payments by the father were necessitated by his legal obligation…
2Cases cited11 opinions
- American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941
- Rankin v. Alloway (In Re Alloway)United States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re Missionary Baptist Foundation of America, Inc., Debtors, Robert B. Wilson, Trustee v. Brooks Supermarket, Inc.Court of Appeals for the Fifth Circuit · 1982
- United States v. Commonwealth of Pa., Dept. of HighwaysDistrict Court, E.D. Pennsylvania · 1972
- Heineman v. HermannIllinois Supreme Court · 1943
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Wingspread Corp.United States Bankruptcy Court, S.D. New York · 1990
- Pandora Industries, Inc. v. Paramount Communications Inc. (In Re Wingspread Corp.)District Court, S.D. New York · 1992
- Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- In Re RussellUnited States Bankruptcy Court, W.D. Arkansas · 1989
- Cooper v. Cooper (In Re Cooper)United States Bankruptcy Court, C.D. Illinois · 1988
17 more not listed; retrieve them via the Exa API.