Legal Opinion
BNY Financial Corp. v. Masterwear Corp. (In Re Masterwear Corp.)
United States Bankruptcy Court, S.D. New York
Decided February 1, 1999No. 18-01691PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM DECISION REGARDING CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT
STUART M. BERNSTEIN, Bankruptcy Judge.
Plaintiff BNY Financial Corporation (“BNY”), the debtors’ prepetition factor, commenced this adversary proceeding to recover sums allegedly due under the factoring agreement. The debtors denied liability, and asserted several counterclaims. Each party subsequently moved for summary judgment, but preliminarily, the Court limited the motion to two issues: (1) are the debtors required to pay BNY a Minimum Volume Charge, described below, for 1998, and (2) did BNY violate the automatic…
2Cases cited28 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
- Nowak v. Ironworkers Local 6 Pension FundCourt of Appeals for the Second Circuit · 1996
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Semcrube, L.P.United States Bankruptcy Court, D. Delaware · 2009
- Delta Air Lines, Inc. v. Bibb (In Re Delta Air Lines)United States Bankruptcy Court, S.D. New York · 2006
- Greer v. O'DellDistrict Court, N.D. Alabama · 2001
- In Re Footstar, Inc.United States Bankruptcy Court, S.D. New York · 2005
- Slater Health Center, Inc. v. United States (In Re Slater Health Center, Inc.)United States Bankruptcy Court, D. Rhode Island · 2003
7 more not listed; retrieve them via the Exa API.