Legal Opinion

Wachovia Bank & Trust Co. v. Dameron

Court of Appeals for the Fourth Circuit

Decided February 5, 1969No. 12472PublishedCited by 8 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

Wachovia Bank & Trust Co. appeals from an order of the district court denying its motion to dismiss a petition for reorganization under Chapter X of the Bankruptcy Act [11 U.S.C. § 501 et seq.] filed by Cabana Club Apartments, Inc. The appeal raises the narrow issue of whether the debtor’s petition complied with Chapter X and was filed in good faith within the meaning of § 146(3) and (4) of the Act [11 U.S.C. § 546(3) and (4)].1 We affirm the district court’s denial of the motion to dismiss.

*805The debtor obtained from Wachovia a construction loan to build an apartment in…

2Cases cited4 opinions

  1. Marine Harbor Properties, Inc. v. Manufacturers Trust Co.Supreme Court of the United States · 1942
  2. A. Robert Leas v. Courtney Company, a Corporation, in the Matter of National Development Corporation, DebtorCourt of Appeals for the Fourth Circuit · 1958
  3. Arey & Russell Lumber Co., Inc. v. American Nat. Bank & Trust Co. Of Danville, VirginiaCourt of Appeals for the Fourth Circuit · 1953
  4. Janaf Shopping Center, Incorporated v. Chase Manhattan Bank and William P. Dickson, Jr., TrusteeCourt of Appeals for the Fourth Circuit · 1960

3Cited by8 opinions

  1. In Re Bermec Corporation, Debtor, Pacar Financial Corp.Court of Appeals for the Second Circuit · 1971
  2. In the Matter of Northland Construction Co., a Corporation (Wisconsin), Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1977
  3. In Re Northeast Corporation, Bankrupt. Thomas J. Chandler, Jr. v. Higgs & Young, Inc.Court of Appeals for the Fourth Circuit · 1975
  4. Pan American Bank of Los Angeles v. Mallas Enterprises, Inc. (In Re Mallas Enterprises, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  5. Caruso Enterprises, Inc. v. U. S. A. Motel Corp.Court of Appeals for the Ninth Circuit · 1971

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