Legal Opinion

In Re Kenval Marketing Corp.

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 31, 1984No. 19-11325PublishedCited by 3 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge.

The question before the bench is whether we should grant a motion filed by the debt- or, in which the assignee for the benefit of creditors joins, 1 to vacate our recent order granting relief on an involuntary petition against said debtor. The motion is predicated, in part, on the assignee’s allegation that the trustee will not be able to assert successfully the preference avoiding powers that could have been pressed by the assignee had relief on the petition not been granted. For the reasons expressed herein we will deny the motion.

Although we…

2Cases cited5 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Goldberger v. Davis Jay Corregated Box Corp. (In Re Mercon Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  3. First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
  4. In Re Kenval Marketing Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1984
  5. Copter, Inc., Ackerman, Norman, Trustee v. Gladwin Leasing, Inc. Appeal of Norman Ackerman, Esq., Trustee for Copter, IncCourt of Appeals for the Third Circuit · 1984

3Cited by3 opinions

  1. In Re Kenval Marketing Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Zimmerman v. Frem Corp. (In Re Kenval Marketing Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re GrigoliUnited States Bankruptcy Court, E.D. New York · 1993

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