Salomon v. Graphic Communications Corp. (In Re IMFC Financial Corp.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
JOHN J. GALGAY, Bankruptcy Judge.
The only issue presently before this Court is whether the affirmative defenses interposed by the two groups of guarantors, defendants in this proceeding by the Trustee of IMFC Financial Corp., (IMFC) to collect the largest account receivable of the estate, bar prosecution of the suit. After reviewing the testimony offered at the hearing on March 25, 1981, the papers submitted by counsel, and the relevant cases and statutes under both New York State and U.S. bankruptcy law, this Court grants the Trustee’s motion to strike these affirmative defenses pursuant to…
2Cases cited14 opinions
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Reilly v. . BarrettNew York Court of Appeals · 1917
- Peoples Trust Co. v. O'NeilNew York Court of Appeals · 1937
- Bernstein v. KaplanAppellate Division of the Supreme Court of the State of New York · 1979
- Loblaw, Inc. v. WylieAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by3 opinions
- Hassett v. McColley (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Indian Motocycle Associates, Inc. v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)District Court, S.D. New York · 1993
- Cherry River Music Co. v. Simitar Entertainment, Inc.District Court, S.D. New York · 1999