Legal Opinion

Kirschenbaum v. Federal Insurance (In re EMS Financial Services)

United States Bankruptcy Court, E.D. New York

Decided April 19, 2013No. 12-MC-524 (ADS)PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On March 6, 2012, the Debtor EMS Financial Services, LLC (“EMS”) filed a voluntary petition for Chapter 7 bankruptcy in the United States Bankruptcy Court in the Eastern District of New York before United States Bankruptcy Judge Alan S. Trust. On May 30, 2012, the Plaintiff Kenneth Kirschenbaum, Esq., the Chapter 7 Trustee for EMS (“the Trustee”), filed an adversary proceeding against the Defendant Federal Insurance Company (“Federal”), seeking a declaration of the rights, duties, and liabilities of the parties under certain insurance…

2Cases cited29 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  4. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
  5. Simler v. ConnerSupreme Court of the United States · 1963

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3Cited by4 opinions

  1. MF Global Holdings Ltd. v. Allied World Assurance Co. (In re MF Global Holdings Ltd.)United States Bankruptcy Court, S.D. New York · 2017
  2. Marah Wood Productions, LLC v. JonesDistrict Court, D. Connecticut · 2015
  3. Kirschenbaum ex rel. Estate of EMS Financial Services, LLC v. Federal InsuranceDistrict Court, E.D. New York · 2014
  4. United States Department of Labor v. KirschenbaumDistrict Court, E.D. New York · 2014

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