Legal Opinion

Martino v. First National Bank in Harvey (In Re Garofalo's Finer Foods, Inc.)

United States Bankruptcy Court, N.D. Illinois

Decided February 17, 1994No. 19-05378PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on the complaint of Philip V. Martino, as trustee (the “Trustee”) of the estate of Garofalo Finer Foods, Inc. (the “Debtor”), against First National Bank in Harvey (the “Bank”). The ultimate question the Court must decide is whether the repayments made to the Bank as a result of extensions of overdraft credit made by the Bank to the Debtor, having been undertaken without notice to creditors or without Court approval, are avoidable and recoverable for the benefit of the estate. Prior to trial, the Trustee…

2Cases cited63 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

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3Cited by11 opinions

  1. Bankr. L. Rep. P 76,680 in Re Jeri L. Pace, Debtor. John E. Havelock John R. Strachan v. Harold S. Taxel, TrusteeCourt of Appeals for the Ninth Circuit · 1995
  2. Connecticut Pizza, Inc. v. Bell Atlantic-Washington, D.C., Inc. (In Re Connecticut Pizza, Inc.)United States Bankruptcy Court, D. Maryland · 1996
  3. Shields v. Duggan (In Re Dartco, Inc.)United States Bankruptcy Court, D. Minnesota · 1996
  4. Sensenich v. Ledyard National Bank (In Re Campbell)United States Bankruptcy Court, D. Vermont · 2008
  5. In Re HoskinsUnited States Bankruptcy Court, W.D. Missouri · 2001

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