Dynaforce Corp. v. Temp-Way Corp. (In Re Temp-Way Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
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
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- 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
- Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
- Hunter v. Federal Life Ins. Co.Court of Appeals for the Eighth Circuit · 1940
- Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)United States Bankruptcy Court, E.D. Pennsylvania · 1987
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3Cited by27 opinions
- TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
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- 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
- United Jersey Bank v. CS Associates (In Re CS Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- United States v. Motor Freight Express (In Re Motor Freight Express)United States Bankruptcy Court, E.D. Pennsylvania · 1988
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