In Re Coal-X Ltd., 881 F.2d 865 (1989). · Go Syfert
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In Re Coal-X Ltd., 881 F.2d 865 (1989). Cases Citing This Book View Copy Cite
14 citation events (8 in the last 25 years) across 7 distinct courts.
Strongest positive: Morris v. Vulcan Chemical Credit Union (In Re Rubia) (bap10, 2001-01-03)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited "see" Morris v. Vulcan Chemical Credit Union (In Re Rubia) (4×) also: Cited "see, e.g."
10th Cir. BAP · 2001 · signal: see · confidence high
See Coal-X, 103 B.R. at 280 & n. 6 (“[T]he extent and value of the preserved ... lien in the trustee’s hands ... turns on the amount of the [creditor’s] underlying [prepetition] claim against the debtor.”), ajfd in relevant part and rev’d in part, 881 F.2d at 866 (lien was properly limited to the amount of the creditor’s prepetition claim against the debtor). 4 The Trustee has no right to any payment made to VCCU on the debt, but rather he only has rights in the Ranger up to the amount of VCCU’s debt on the petition date. 5 The dissent states that its rationale is based on fairne…
discussed Cited "see" In Re Petersen
Bankr.D. Colo. · 1990 · signal: see · confidence high
It is reasonable and accurate to conclude in the within bankruptcy case that the Lease between the parties was deemed rejected, by operation of law, of no force and effect, and not enforceable against the bankruptcy estate except as otherwise specifically provided for in the Bankruptcy Code. 11 U.S.C. § 365 (g); See, In re Coal-X Ltd., “76”, 103 B.R. 276 (C.D.Utah 1986), aff'd, (in pertinent part), rev’d in part, 881 F.2d 865 (10th Cir.1989); Int’l Brotherhood of Teamsters v. IML Freight, Inc., 789 F.2d 1460 (10th Cir.1986); In re Bassett, 74 B.R. 361 (Bankr.D.Colo.1987).
discussed Cited "see, e.g." Morris v. Citifinancial (In Re Trible)
Bankr. D. Kan. · 2003 · signal: see also · confidence low
See Closson, 100 B.R. at 347-48 ; see also C & C Co. v. Seattle First Nat’l Bank (In re Coal-X Ltd. “76”), 103 B.R. 276, 280 (D.Utah 1986) (“By avoiding and preserving the hen, the trustee simply steps into the [secured creditor’s] shoes and succeeds to the [creditor’s] rights with regard to the lien.”) (emphasis added), ajfd in relevant part and rev’d in part, 881 F.2d 865 , 866 (10th Cir.1989); 5 Collier on Bankruptcy ¶ 551.02[1] (Lawrence P. King ed., 15th ed. Rev.2000) (preservation is of hen only, not other rights held by the creditor).
discussed Cited "see, e.g." Carvell v. Bank One, Lafayette, N.A. (In Re Carvell)
1st Cir. BAP · 1998 · signal: see, e.g. · confidence low
See, e.g., C & C Co. v. Seattle-First Nat’l Bank (In re Coal-X Ltd., “76”), 103 B.R. 276 (D.Utah 1986) (avoided and preserved landlord’s hen retains its relative priority), rev’d on other grounds, 881 F.2d 865 (10th Cir.1989); Connelly v. Marine Midland Bank, N.A., 61 B.R. 748 (W.D.N.Y.1986) (in avoiding and preserving creditor’s unperfected security interest trustee steps into shoes of that creditor and is junior to later perfected security interest); In re DeLancey, 94 B.R. 311 (Bankr.S.D.N.Y.1988) (avoidance under section 544 and preservation of unperfected attachment lien gives…
Retrieving the full opinion text from the archive…
In Re Coal-X Ltd., \76\"
Oct 26, 1989.
881 F.2d 865

881 F.2d 865

In re COAL-X LTD., "76", Debtor.
C & C COMPANY, a West Virginia corporation, successor in
interest to Walter Kellogg, Trustee, Plaintiff-Appellant.
v.
SEATTLE FIRST NATIONAL BANK, Defendant-Appellee.

No. 86-2557.

United States Court of Appeals,
Tenth Circuit.

July 26, 1989.
Rehearing Denied Oct. 26, 1989.

Michael N. Zundel of Jardine, Linebaugh, Brown & Dunn, Salt Lake City, Utah, for plaintiff-appellant.

Peter W. Billings, Jr. (Gary E. Jubber with him on the brief), of Fabian & Clendenin, Salt Lake City, Utah, for defendant-appellee.

Before McKAY, BARRETT, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

1

We affirm the decision of the district court which reversed, in part, the bankruptcy court. We affirm for the reasons given in the district court's opinion which we have directed to be published. 103 B.R. 276. The rule established in that opinion is that 11 U.S.C. Sec. 105(a) (1982) providing for equitable apportionment prevails over a contrary state rule providing for nonapportionment of rents. In this we join the Second Circuit. S & W Holding Co. v. Kuriansky, 317 F.2d 666 (2d Cir.1963).

2

The district court correctly found that the bankruptcy court erred in refusing to add interest to the amount secured by the landlord's lien. The landlord is entitled to interest on the full $85,000 accruing from May 1, 1984, to May 18, 1984. To the extent that it can be read otherwise, the district court opinion is reversed on that point.

3

AFFIRMED in part and REVERSED in part.