Matter of Flying Mailmen Service, Inc.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
Charles Gold appeals from a decision and order of the Bankruptcy Court, Honorable Asa A. Herzog, which denied his application for payment of ja secured claim and which ordered him to refund monies to the trustee in bankruptcy.
In settlement of an action pending in New York Supreme Court, Flying Mailmen Service, Inc. (debtor) agreed to pay Gold the sum of $150,000. The agreement, dated December 16, 1970, specifically allocated 17 % of the amount payable as settlement of certain claims Gold might assert against the debtor and 88% as consideration for the…
2Cases cited10 opinions
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
- Cross v. BeguelinNew York Court of Appeals · 1929
- Marine Midland Bank-Eastern National Ass'n v. Conerty Pontiac-Buick, Inc.New York Supreme Court · 1974
- In Re Bell Tone Records, Inc.District Court, D. New Jersey · 1949
- Bank of Utica v. Smith Richfield Springs, Inc.New York Supreme Court · 1968
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3Cited by5 opinions
- In the Matter of Flying Mailmen Service, Inc., Bankrupt. Charles Gold v. Herbert K. Lippman, Trustee in Bankruptcy of Flying Mailmen Service, Inc.Court of Appeals for the Second Circuit · 1976
- Al Baraka Bancorp (Chicago), Inc. v. HilwehSupreme Court of Vermont · 1994
- In Re Dino & Artie's Automatic Transmission Co.United States Bankruptcy Court, S.D. New York · 1986
- In Re Micro-Acoustics Corp.United States Bankruptcy Court, S.D. New York · 1983
- In the Matter of Flying Mailmen Service, Inc., Bankrupt. Charles Gold v. Herbert K. Lippman, Trustee in Bankruptcy of Flying Mailmen Service, Inc.Court of Appeals for the Second Circuit · 1976