In the Matter of Hallmark Medical Services, Inc., Debtors. Isaac Mizrahi v. William H. Martin, Trustee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
WISDOM, Circuit Judge;
In' this case a group of unsecured creditors in a Chapter X bankruptcy seeks priority ranking under the so-called “six months rule.” The appellant-creditors contend that this rule allows priority to all creditors who furnish credit to a corporate debtor within six months before the appointment of a trustee if such credit is necessary to the continued operation of the debtor. The district court, adopting the recommendations of a special master, disallowed the claim of priority of the six months creditors. Because the district court held as a matter of law that no six…
2Cases cited24 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Reading Co. v. BrownSupreme Court of the United States · 1968
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
- Bowen v. HockleyCourt of Appeals for the Fourth Circuit · 1934
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3Cited by5 opinions
- Fontainebleau Hotel Corporation v. SimonCourt of Appeals for the Fifth Circuit · 1975
- South Central Bell Telephone Co. v. SimonCourt of Appeals for the Fifth Circuit · 1975
- Hallmark Medical Services, Inc., in the Matter OfCourt of Appeals for the Fifth Circuit · 1973
- In re Kauai Laundry, Inc.United States Bankruptcy Court, D. Hawaii · 1983
- In the MATTER of ALDERSGATE FOUNDATION, INC., Bankrupt. MARK CONSTRUCTION COMPANY, Appellant, v. Frank W. REED, Trustee, AppelleeCourt of Appeals for the Fifth Circuit · 1979