Legal Opinion

Relihan v. Exchange Bank

District Court, S.D. Georgia

Decided November 11, 1985No. CV585-026, Bankruptcy No. 583-00121PublishedCited by 16 opinions

1Opinion of the Court

ORDER

EDENFIELD, District Judge.

This case is before the Court on appeal from the United States Bankruptcy Court for the Southern District of Georgia, Judge Herman W. Coolidge, presiding. The issue is whether a secured creditor loses its lien as a result of its failure to file a proof of claim in a Chapter 11 bankruptcy proceeding.

I. Background

The following facts are not in dispute. The appellant, Randolph C. Relihan, Jr. (hereinafter the “Debtor”), filed a voluntary petition under Chapter 11 of the Bankruptcy Code on September 2, 1983. Subsequently, on September 20, 1983, Debtor filed his…

2Cases cited8 opinions

Long v. BullardSupreme Court of the United States · 1886
Long and Wife v. BullardSupreme Court of the United States · 1886
In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
Board of County Commissioners v. Coleman American Properties, Inc. (In Re American Properties, Inc.)United States Bankruptcy Court, D. Kansas · 1983
Second National Bank of Saginaw v. Honaker (In Re Honaker)United States Bankruptcy Court, E.D. Michigan · 1980

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

3Cited by16 opinions

In re PenrodCourt of Appeals for the Seventh Circuit · 1995
In Re GlowUnited States Bankruptcy Court, N.D. Indiana · 1990
In the Matter of John Penrod and Alyce J. Penrod, Debtors-Appellees. Appeal of Financial Institutions Liquidation Corporation, Formerly Known as Mutual Guaranty Corporation, Successor in Interest to the Clinton County Farm Bureau Cooperative Association Credit UnionCourt of Appeals for the Seventh Circuit · 1995
Minstar, Inc. v. Plastech Research, Inc. (In Re Arctic Enterprises, Inc.)District Court, D. Minnesota · 1986
Matter of PenrodUnited States Bankruptcy Court, N.D. Indiana · 1994

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