Legal Opinion
McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)
United States Bankruptcy Court, S.D. New York
Decided October 5, 1981No. 16-35842PublishedCited by 39 opinions
1Opinion of the Court
OPINION
ROY BABITT, Bankruptcy Judge:
This dispute between Flagstaff Foodser-vice Company New England, Inc. (Flagstaff or debtor), a Chapter 11 debtor and McCain Foods, Inc. (McCain) centers on the reach of Section 546(c) of the 1978 Bankruptcy Code, 11 U.S.C. (1976 ed. Supp. Ill) § 546(c), involving the rights Congress gave in that section to a seller of goods on credit to an insolvent purchaser.
Flagstaff, a distributor of food to institutional customers, filed its petition in this court on July 21, 1981 for the relief afforded by Chapter 11 of the 1978 Code. Sections 109(d) and 1101 et seq. 1…
2Cases cited18 opinions
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Erlenbaugh v. United StatesSupreme Court of the United States · 1972
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- Powell v. United States Cartridge Co.Supreme Court of the United States · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- In Re Rawson Food Service, Inc., Debtor. Flav-O-Rich, Inc., Cross-Appellee v. Rawson Food Service, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
- In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
- In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, in Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor Below. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor BelowCourt of Appeals for the Eighth Circuit · 1992
- American Saw & Mfg. Co. v. Bosler Supply Group (In Re Bosler Supply Group)District Court, N.D. Illinois · 1987
- Bankr. L. Rep. P 71,251, 1 Ucc rep.serv.2d 1187 in the Matter of Griffin Retreading Company, Debtor. Griffin Retreading Company v. Oliver Rubber CompanyCourt of Appeals for the Eighth Circuit · 1986
34 more not listed; retrieve them via the Exa API.