Legal Opinion
Dunlop Tire & Rubber Corp. v. Earl's Tire Service, Inc. (In Re Earl's Tire Service, Inc.)
District Court, D. Delaware
Decided November 10, 1980No. Civ. A. 80-154PublishedCited by 38 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
This is an appeal from an order of the Bankruptcy Court granting the motion of the trustee to dismiss three counts of an adversary complaint filed by Dunlop Tire and Rubber Corporation. For the reasons stated below the judgment of the Bankruptcy Court will be affirmed.
Facts
On October 24, 1979, Pirelli Sales Atlantic, Inc. (“Pirelli”), filed an involuntary bankruptcy petition against Earl’s Tire Service, Inc. (“Earl’s Tire”) pursuant to section 303(b)(2) of the Bankruptcy Code, 11 U.S.C. § 303(b)(2). As Pirelli was the sole petitioning creditor, the…
2Cases cited15 opinions
- Canute Steamship Co. v. Pittsburgh & West Virginia Coal Co.Supreme Court of the United States · 1923
- Highley v. RothmanCourt of Appeals for the Ninth Circuit · 1972
- In Re Crown Sportswear, Inc.Court of Appeals for the First Circuit · 1978
- Myron M. Navison Shoe Co. v. Lane Shoe Co.Court of Appeals for the First Circuit · 1929
- Commercial Credit Corporation, a Nebraska Corporation v. Thomas J. Skutt, Trustee of Briley Motor Company, Inc., BankruptCourt of Appeals for the Eighth Circuit · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
- Paradise Hotel Corporation D/B/A Pineapple Beach Resort v. Bank of Nova ScotiaCourt of Appeals for the Third Circuit · 1988
- Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.Court of Appeals for the Eleventh Circuit · 2008
- In Re KidwellUnited States Bankruptcy Court, E.D. California · 1993
33 more not listed; retrieve them via the Exa API.