Legal Opinion

Dynaforce Corp. v. Temp-Way Corp. (In Re Temp-Way Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 17, 1987No. 15-17907PublishedCited by 27 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The primary issue before us in the instant proceeding concerns the construction of 11 U.S.C. § 541(a)(1) and 11 U.S.C. § 541(d) with respect to a check issued by a general contractor and which has been made payable to two parties, a material-man and a sub-contractor-installer, the latter of whom is also a debtor-in-possession. The questions presented are whether the check is property of the estate pursuant to § 541(a)(1), and, assuming that it is, the extent of the debtor-in-possession’s interest in that check pursuant to § 541(d). We hold that the…

2Cases cited17 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  3. Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
  4. Hunter v. Federal Life Ins. Co.Court of Appeals for the Eighth Circuit · 1940
  5. Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

3Cited by27 opinions

  1. TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. In Re Kulzer Roofing, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1992
  3. Skilled Nursing Professional Services, a Division of Skilled Nursing Home Care, Inc. v. Sacred Heart Hospital of Norristown (In Re Sacred Heart Hospital of Norristown)United States Bankruptcy Court, E.D. Pennsylvania · 1994
  4. United Jersey Bank v. CS Associates (In Re CS Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. United States v. Motor Freight Express (In Re Motor Freight Express)United States Bankruptcy Court, E.D. Pennsylvania · 1988

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

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