Legal Opinion
In Re Mavellia
United States Bankruptcy Court, E.D. New York
Decided December 4, 1991No. 8-19-71062PublishedCited by 6 opinions
1Opinion of the Court
OPINION
CECELIA H. GOETZ, Bankruptcy Judge:
Sabino J. Mavellia, named as a debtor in this involuntary Chapter 7 proceeding, is moving, pursuant to 11 U.S.C. §§ 105, 303 and Federal Rules of Bankruptcy Procedure 1011, 7004 and 9013, and Rules 12 and 56 of the Federal Rules of Civil Procedure, to dismiss the petition. Such relief is asked on the grounds: (1) that the petitioning creditor, North Fork Bank and Trust Company (“North Fork”) does not qualify as such because its claim against Mavellia is both contingent and disputed; (2) Mavellia has twelve or more creditors, so that three creditors…
2Cases cited12 opinions
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
- Bartmann v. Maverick Tube Corp.Court of Appeals for the Tenth Circuit · 1988
- In Re LoughUnited States Bankruptcy Court, E.D. Michigan · 1986
- In Re B.D. International Discount Corp., Debtor-Appellant. B.D. International Discount Corp. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Brooklyn Resource Recovery, Inc.United States Bankruptcy Court, E.D. New York · 1997
- In Re SmithUnited States Bankruptcy Court, N.D. Georgia · 1999
- In Re SzczepanikUnited States Bankruptcy Court, E.D. New York · 1992
- Bernstein Management Corp. v. Petker & Buran Fur Corp. (In Re Petker & Buran Fur Corp.)District Court, S.D. New York · 1996
- In Re CrainUnited States Bankruptcy Court, S.D. Alabama · 1996
1 more not listed; retrieve them via the Exa API.