Legal Opinion
Murdock v. Plymouth Enterprises, Inc. (In Re Curtina International, Inc.)
United States Bankruptcy Court, S.D. New York
Decided October 21, 1982No. 19-01073PublishedCited by 27 opinions
1Opinion of the Court
TRUSTEE’S ACTIOÑ TO AVOID SALE AS CONSTRUCTIVELY FRAUDULENT TRANSFER AND VIOLATION OF BULK SALES LAW.
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The debtor’s sale of 6319 eases of imported vanilla, raspberry and orange wafers to the defendant, a closeout specialist of confectionery items, shortly before the debtor was involuntarily thrown into Chapter 7 of the Bankruptcy Code is the basis for this adversary proceeding commenced by the trustee in bankruptcy who seeks to avoid the sale either as a constructively fraudulent transfer or as a violation of the state bulk sales law. The defendant asserts…
2Cases cited33 opinions
- Moore v. BaySupreme Court of the United States · 1931
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
- Lawyers Title Insurance Corp. v. Madrid (In Re Madrid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
28 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)United States Bankruptcy Court, S.D. New York · 2000
- Integrated Resources, Inc. v. Ameritrust Co. National (In Re Integrated Resources, Inc.)District Court, S.D. New York · 1993
- Join-In International (U.S.A.) Ltd. v. New York Wholesale Distributors Corp. (In Re Join-In International (U.S.A.) Ltd.)United States Bankruptcy Court, S.D. New York · 1986
- Mahoney, Trocki & Associates, Inc. v. Kunzman (In Re Mahoney, Trocki & Associates, Inc.)United States Bankruptcy Court, S.D. California · 1990
- Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
22 more not listed; retrieve them via the Exa API.