Legal Opinion

Two Trees v. Builders Transport, Inc.

Court of Appeals for the Eleventh Circuit

Decided December 5, 2006No. 05-15900PublishedCited by 17 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

This appeal involves a turnover action in bankruptcy pursuant to 11 U.S.C. § 542 filed by the debtor, Builders Transport, Inc. (“BTI”). BTI seeks to recover certain standby letter of credit proceeds that were drawn down and retained by The CIT Group/Business Credit, Inc. (“CIT”), which was the assignee of BTI’s lessor, Two Trees, whose two general partners are David C. Walentas and Jane Walentas. The standby letter of credit was created to secure BTI’s obligations to Two Trees under a lease agreement that was part of a sale-leaseback transaction. The complicated facts…

2Cases cited20 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
  4. In Re: Graham Square, Inc.Court of Appeals for the Sixth Circuit · 1997
  5. In Re Air Conditioning, Inc. Of Stuart, Debtor. American Bank of Martin County, Douglass E. Wendel, Trustee v. Leasing Service CorporationCourt of Appeals for the Eleventh Circuit · 1988

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3Cited by17 opinions

  1. Brandon James Maxfield v. Janice K. JenningsCourt of Appeals for the Eleventh Circuit · 2012
  2. Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2011
  3. In Re EvansUnited States Bankruptcy Court, D. Colorado · 2011
  4. In Re WilliamsUnited States Bankruptcy Court, N.D. Georgia · 2011
  5. Admanco, Inc. v. 700 Stanton Drive, LLCCourt of Appeals of Wisconsin · 2009

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

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