Legal Opinion
M.E. Check Cashing Corp. v. Rubin (In re U.S.N. Co.)
District Court, S.D. New York
Decided September 6, 1983No. Bankruptcy No. 77 B 130PublishedCited by 3 opinions
1Opinion of the Court
JOHN J. GALGAY, Bankruptcy Judge.
Introduction:
Plaintiffs, various check cashing corporations, failed to file proofs of claim for certain funds against the debtor, U.S.N. Co., Inc., (“U.S.N.”), within the time period prescribed by section 57(n) of the Bankruptcy Act of 1898, former 11 U.S.C. § 93(n).1 In their complaint, Plaintiffs allege that the trustee for the debtor, Herbert Rubin, (“Trustee”) holds funds that would satisfy their claims in a constructive trust for plaintiffs. The Trustee has moved to dismiss the complaint on grounds that it is time barred. The motion for dismissal is…
2Cases cited13 opinions
- Blakey v. BrinsonSupreme Court of the United States · 1932
- In the Matter of Kennedy & Cohen, Inc. State of Wisconsin v. Melvin Reese, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- McKee v. ParadiseSupreme Court of the United States · 1936
- First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. II (In Re Hurricane Elkhorn Coal Corp. II)United States Bankruptcy Court, W.D. Kentucky · 1982
- Thunderbird Motor Freight Lines, Inc. v. Penn-Dixie Steel Corp. (In Re Penn-Dixie Steel Corp.)United States Bankruptcy Court, S.D. New York · 1980
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3Cited by3 opinions
- Neochem Corp. v. Behring International, Inc. (In Re Behring International, Inc.)United States Bankruptcy Court, N.D. Texas · 1986
- In Re: All Year Holdings LimitedDistrict Court, S.D. New York · 2022
- Matter of USN Co., Inc.United States Bankruptcy Court, S.D. New York · 1983