green
Positive treatment
Quoted verbatim 1×
12.1 score
“n the case of the classic contingent liability of a guar- antor of a promissory note executed by a third party, both the creditor and guarantor knew that there would be liability only if the principal defaulted. no obligation arises until such default.”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
cited
Cited "but see"
In Re Blaine Richards & Co., Inc.
But see In re All Media Properties & Artlite, 5 B.R. 126, 144 , 2 CBC2d 449, 469, 6 BCD 586, 594 (Bkrtcy.S.D.Tex.1980), aff’d, 646 F.2d 193 (5th Cir. 1981).
examined
Cited as authority (quoted)
Sntl Corporation v. Centre Insurance Company
n the case of the classic contingent liability of a guar- antor of a promissory note executed by a third party, both the creditor and guarantor knew that there would be liability only if the principal defaulted. no obligation arises until such default.
discussed
Cited as authority (rule)
United States v. Young
See Hoover, 727 F.2d at 388-89 (finding that the defendant met his burden of proving the first element of the test because “[o]ver three hundred air traffic controllers failed to report to work in the Houston area; yet only three individuals, including [the defendant], were prosecuted.”); United States v. Tibbetts, 646 F.2d 193, 195-96 (5th Cir. 1981) (finding no selective prosecution of a tax protestor partly because: “Due to limited resources of the government, there will always be some tax evaders and tax protestors who elude prosecution by the government.
discussed
Cited as authority (rule)
Charles Anthony Malouff, Jr. v. State
Ed. 1314 (1935); United States v Tibbetts, 646 F. 2d 193, 195 (5th Cir. 1981); United States vJohnson, 577 F. 2d 1304 , 1308 (5th Cir. 1978) quoting Unites States v Berrios, 501 F. 2d 1207, 1211 (2"d Cir. 1974); American Bar Association Model Rules Of Professional Conduct; Texas Disciplinary Rules Of Professional . -· ~- ~ .. '! __ : ~- -• ' .Conduct.
cited
Cited as authority (rule)
State v. Mamon
United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir.1981).
cited
Cited as authority (rule)
Norman Kent Adams v. State of Mississippi
United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir. 1981).
cited
Cited as authority (rule)
State v. Honore
United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir.1981).
cited
Cited as authority (rule)
Howard Owen v. Louie L. Wainwright, Terry Wayne Barnhill v. Louie L. Wainwright, Harold Owen v. Louie L. Wainwright
United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir. Unit A May 1981).
cited
Cited as authority (rule)
United States v. Melvin R. Jennings
United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir.1981).
discussed
Cited as authority (rule)
United States v. Gary Greene, United States of America v. Harry L. Grant, United States of America v. Ronald A. May
(2×)
United States v. Rice, 659 F.2d 524, 526 (5th Cir.1981); United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir.1981); United States v. Lichenstein, 610 F.2d 1272, 1281 (5th Cir.), cert. denied, 447 U.S. 907 , 100 S.Ct. 2991 , 64 L.Ed.2d 856 (1980).
cited
Cited as authority (rule)
United States v. James Gibson Tucker, Jr.
United States v. Rice, 659 F.2d 524, 526 (5th Cir. 1981); United States v. Tibbetts, 646 F.2d 193, 195 (5th Cir. 1981).
discussed
Cited as authority (rule)
Diana Broussard, Individually and as Administratrix of the Estate of Roy A. Broussard, Deceased v. Southern Pacific Transportation Company
(2×)
Wilson v. Taylor, 658 F.2d 1021, 1034 (5th Cir. 1981); In re Corrugated Container Antitrust Litigation, 647 F.2d 460, 461 (5th Cir. 1981); United States v. Tibbets, 646 F.2d 193, 195 (5th Cir. 1981); Hernandez v. City of Lafayette, 643 F.2d 1188, 1192-93 (5th Cir. 1981).
discussed
Cited as authority (rule)
S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor, Standard Roofing & Sheet Metal, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor, S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission and Raymond J. Donovan, Secretary of Labor
U.S. v. Tibbetts, 646 F.2d 193, 195 (5th Cir. 1981); Robinson v. Parsons, 560 F.2d 720 , 721 n.2 (5th Cir. 1977). 25 Moreover, even if we were free to depart from the rule of B&B Insulation, we would not do so.
cited
Cited as authority (rule)
S & H Riggers & Erectors, Inc. v. Occupational Safety & Health Review Commission
U.S. v. Tibbetts, 646 F.2d 193, 195 (5th Cir. 1981); Robinson v. Parsons, 560 F.2d 720 , 721 n.2 (5th Cir. 1977).
discussed
Cited "see"
John W. Bendall, Jr. v. Lancer Management Group, LLC
See In re All Media Props., Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981), overruled on other grounds by In re Trusted Net Media Holdings, LLC, 550 F.3d 1035 (11th Cir.2008). 4 Contingent rights to payment need not be currently enforceable in order to constitute a claim.
discussed
Cited "see"
SNTL Corp. v. Centre Insurance
See In re All Media Props., Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 *839 (5th Cir. 1981) ("[I]n the case of the classic contingent liability of a guarantor of a promissory note executed by a third party, both the creditor and guarantor knew that there would be liability only if the principal defaulted.
cited
Cited "see"
Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.
See In re All Media Properties, Inc., *1104 646 F.2d 193 (5th Cir.1981), aff'g 5 B.R. 126 (Bankr.S.D.Tex.1980).
discussed
Cited "see"
Centre Insurance v. SNTL Corp. (In Re SNTL Corp.)
See In re All Media Props., Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff 'd, 646 F.2d 193 (5th Cir.1981) ("[I]n the case of the classic contingent liability of a guarantor of a promissory note executed by a third party, both the creditor and guarantor knew that there would be liability only if the principal defaulted.
cited
Cited "see"
In Re Town of Westlake, Texas
See In re All Media Properties Inc., 5 B.R. 126, 143 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see"
Big Yank Corp. v. Liberty Mutual Fire Insurance (In Re Water Valley Finishing, Inc.)
Frenville Co., 744 F.2d 332, 336 (3d Cir.1984) (holding that a “claim” arose postpetition when all the elements of the state cause of action based on prepetition acts did not arise until postpetition, but distinguishing the result from situations involving indemnity or security contracts); see In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd mem., 646 F.2d 193 (5th Cir. Unit A May 1981).
discussed
Cited "see"
Landor v. Hunt
See In re All Media Properties Inc., 5 B.R. 126 (1980), aff'd, 646 F.2d 193 (5th Cir.1980) (per curiam) ("Congressional intent under this title, in respect to involuntary petitions, is to qualify as a petitioning creditor any party holding a noncontingent claim, leaving to later or other proceeding the issue of substantial disputes as to liability"). 33 The record indisputably reveals that all of the appellants based their actions on claims they knew to be without basis in either law or fact.
discussed
Cited "see"
Landon v. Hunt
See In re All Media Properties Inc., 5 B.R. 126 (1980), aff’d, 646 F.2d 193 (5th Cir.1980) (per curiam) (“Congressional intent under this title, in respect to involuntary petitions, is to qualify as a petitioning creditor any party holding a noncontingent claim, leaving to later or other proceeding the issue of substantial disputes as to liability”).
cited
Cited "see"
In Re Petro Fill, Inc.
See In re All Media Properties, Inc., 5 B.R. 126, 143 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see"
In Re Caucus Distributors, Inc.
For example, under the Bankruptcy Act a petitioning creditor was required to establish “[technical and often hard to prove ‘acts of bankruptcy’ the Code has eliminated “acts of bankruptcy” and now requires the petitioning creditor to establish that the “debtor is generally not paying its debts as they become due[.]” 2 Collier on Bankruptcy If 303.01 at 303-7 (15th ed.1989); see In re All Media Properties, 5 B.R. 126, 135 (Bankr.S.D.Tex.1980) (reviewing changes in § 303 from the Act), aff'd, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see"
Kveton v. United States
“The fact that tax protesters are vigorously prosecuted for violation of the tax laws demonstrates nothing more than a legitimate interest in punishing flagrant violators and deterring violations by others.” United States v. Johnson, 577 F.2d 1304, 1309 (5th Cir.1978); see- also, United States v. Tibbetts, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see, e.g."
In re Corrline International, LLC
At the same time, courts have recognized that the “post-petition payment of a petitioning creditor does not disqualify it from being such.” Id. at 667 ; see also In re All Media Props., Inc., 5 B.R. 126, 137 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981); In re Braten, 99 B.R. 579, 582 (Bankr.S.D.N.Y.1989); In re Carvalho Indus., Inc., 68 B.R. 254, 256 (Bankr.D.Or.1986); In re Sjostedt, 57 B.R. 117, 120 (Bankr.M.D.Fla.1986).
discussed
Cited "see, e.g."
In Re Kister
However, the Eighth Circuit Bankruptcy Appellate Panel has determined that contingent liabilities are “a class of liabilities in which the obligation to pay does not arise until the occurrence of a ‘triggering event ... reasonably contemplated by the debtor and creditor at the time the event giving rise to the claim occurred.’ ” In re Barcal, 213 B.R. 1008, 1013 (8th Cir. BAP 1997) (citation omitted); see also In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see, e.g."
In Re Kreisler
See Trossman v. Philipsbom, 373 Ill.App.3d 1020 , 312 Ill.Dec. 156 , 869 N.E.2d 1147, 1168 (2007); see also In re All Media Props., Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981).
discussed
Cited "see, e.g."
In Re AppliedTheory Corp.
See, e.g., United States v. LTV Corp. (In re Chateaugay Corp.), 944 F.2d 997, 1004-1005 (2d Cir.1991) (“LTV") ("[i]n the context of contract claims, the Code's inclusion of 'un-matured' and 'contingent' claims is usually said to refer to obligations that will become due upon the happening of a future event that was 'within the actual or presumed contemplation of the parties at the time the original relationship between the parties was created' ”) (quoting In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff'd mem., 646 F.2d 193 (5th Cir.1981)); Mazzeo v. United State…
discussed
Cited "see, e.g."
In Re Fischel
See also Fostvedt v. Dow (In re Fostvedt), 823 F.2d 305, 306-07 (9th Cir.1987) citing Brockenbrough v. Comm’r, 61 B.R. 685, 686 (W.D.Va.1986) (quoting In re All Media Properties, Inc., 5 B.R. 126, 133 (Bankr.S.D.Tex.1980), aff 'd per curiam, 646 F.2d 193 (5th Cir.1981)); In re Kaufman, 93 B.R. 319, 321 (Bankr.S.D.N.Y.1988).
cited
Cited "see, e.g."
In Re Alta Title Co.
See e.g., In re All Media Properties, 5 B.R. 126, 138 , 6 B.C.D. 586 , 2 C.B.C.2d 499 (Bkrtcy.S.D.Tex.1980), aff’d 646 F.2d 193 (5th Cir.1981). 24 .
discussed
Cited "see, e.g."
In Re Central Hobron Associates
See also In re All Media Properties, 5 B.R. 126 (Bankr.S.D.Tex.1980), aff' d. 646 F.2d 193 (5th Cir.1981); In re SBA Factors of Miami, 13 B.R. 99 (Bankr.S.D.Fla.1981); In re Nar-Jor Enters., 6 B.R. 584, 586 (Bankr.S.D.Fla.1980) In re Karber, 25 B.R. 9, 14 (Bankr.N.D.Tex.1982).
discussed
Cited "see, e.g."
United States v. Charles E. Rice
(2×)
See, e. g., Tibbetts, supra, 646 F.2d at 195 ; Kahl, supra, 583 F.2d at 1353-54 ; Johnson, supra, 577 F.2d at 1309.
Retrieving the full opinion text from the archive…
In Re All Media Properties, Inc., Debtor. All Media Properties, Inc.
v.
David M. Best, in Re Artlite Broadcasting Company, Debtor. Artlite Broadcasting Company v. First Marketing Group
v.
David M. Best, in Re Artlite Broadcasting Company, Debtor. Artlite Broadcasting Company v. First Marketing Group
80-1878.
Court of Appeals for the First Circuit.
May 28, 1981.
Cited by 42 opinions | Published
Citer courts: Ninth Circuit (1)
In re ALL MEDIA PROPERTIES, INC., Debtor.
ALL MEDIA PROPERTIES, INC., Appellant,
v.
David M. BEST et al., Appellees.
In re ARTLITE BROADCASTING COMPANY, Debtor.
ARTLITE BROADCASTING COMPANY, Appellant,
v.
FIRST MARKETING GROUP, Appellees.
No. 80-1878.
United States Court of Appeals,
Fifth Circuit.
Unit A
May 28, 1981.
Appeal from the United States Bankruptcy Court for the Southern District of Texas, Edward H. Patton, Jr., Bankruptcy Judge.
Reynolds, Allen & Cook, Stanley B. Binion, K. Charles Peterson, James M. McGraw, Houston, Tex., for appellants.
Minter & Mahon, Alister B. Mahon, Charles E. Long, Sheinfeld, Maley & Kay, Arthur L. Moller, Houston, Tex., for Best et al.
Thomas A. Adams, III, Katy, Tex., for First Marketing Group, Inc.
Before THORNBERRY, COLEMAN and AINSWORTH, Circuit Judges.
PER CURIAM:
[*~193]1
Affirmed on the basis of the Memorandum Opinion of Bankruptcy Judge E. H. Patton, Jr., reported at 5 B.R. 126 (Bkrtcy., 1980).
[*~195]2
AFFIRMED.