Legal Opinion

In the Matter of Hallmark Medical Services, Inc., Debtors. Isaac Mizrahi v. William H. Martin, Trustee

Court of Appeals for the Fifth Circuit

Decided May 18, 1973No. 72-2440PublishedCited by 5 opinions

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

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Reading Co. v. BrownSupreme Court of the United States · 1968
  3. Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
  4. Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
  5. Bowen v. HockleyCourt of Appeals for the Fourth Circuit · 1934

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

3Cited by5 opinions

  1. Fontainebleau Hotel Corporation v. SimonCourt of Appeals for the Fifth Circuit · 1975
  2. South Central Bell Telephone Co. v. SimonCourt of Appeals for the Fifth Circuit · 1975
  3. Hallmark Medical Services, Inc., in the Matter OfCourt of Appeals for the Fifth Circuit · 1973
  4. In re Kauai Laundry, Inc.United States Bankruptcy Court, D. Hawaii · 1983
  5. 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

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