Legal Opinion
Dicello v. Boston & Maine Corp. (In Re Delaware & Hudson Railway Co.)
United States Bankruptcy Court, D. Delaware
Decided May 7, 1991No. 17-12656PublishedCited by 3 opinions
1Opinion of the Court
HELEN S. BALICK, Bankruptcy Judge.
The Trustee of the Delaware & Hudson Railway Company (D & H) sued its related corporations the Boston and Maine Corporation (B & M) and the Maine Central Railroad Company (MeC) for the turnover of 5.5 million dollars collected by them for freight shipments carried by the D & H in the three months preceding its bankruptcy filing on June 20, 1988. The Trustee alleges that MeC and B & M in refusing to turnover these amounts are breaching a fiduciary duty and have violated the Code’s automatic stay provisions. B & M and MeC admit that the amounts claimed are owed…
2Cases cited11 opinions
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- In the Matter of Iowa Railroad Company, Debtor. Union Pacific Railroad Company v. Terry F. Moritz, Trustee of Iowa Railroad CompanyCourt of Appeals for the Seventh Circuit · 1988
- In re Penn Central Transportation Co.Court of Appeals for the Third Circuit · 1973
- Bank of America National Trust & Savings Ass'n v. Edgins (In Re Edgins)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- Reading Co. v. CJI Industries, Inc.Supreme Court of the United States · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Kulzer Roofing, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1992
- Matter of Columbia Gas System, Inc.United States Bankruptcy Court, D. Delaware · 1992
- Howard v. Burlington Northern & Santa Fe Railway Co. (In re Bangor & Aroostook Railroad)United States Bankruptcy Court, D. Maine · 2005