Legal Opinion
Zimmerman v. Frem Corp. (In Re Kenval Marketing Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 11, 1987No. 19-10934PublishedCited by 11 opinions
1Opinion of the Court
OPINION
BRUCE FOX, Bankruptcy Judge:
This is an action by a trustee in a chapter 11 case to set aside a prepetition transfer pursuant to 11 U.S.C. § 544(b). The defendant has moved to dismiss the complaint pursuant to Bankr.Rule 7012 and Fed.R. Civ.P. 12(b)(6). The issue before me is whether a bankruptcy trustee may maintain an action, pursuant to section 544(b), to avoid a prepetition transfer which is allegedly preferential under applicable state law (in this case, 39 P.S. § 151), when the following facts coalesce: (1) the transfer took place within four months of a prepetition assignment for…
2Cases cited23 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Hayman Cash Register Co. v. SarokinCourt of Appeals for the Third Circuit · 1982
- 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
- Staff Mortgage and Investment Corporation v. WikleCourt of Appeals for the Ninth Circuit · 1977
- Dubin v. Jakobowski (In Re Stephen W. Grosse, P.C.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Sherwood Partners, Inc. v. Lycos, Inc.Court of Appeals for the Ninth Circuit · 2005
- Official Committee of Unsecured Creditors of National Forge Co. v. Clark (In Re National Forge Co.)District Court, W.D. Pennsylvania · 2006
- In Re Rexplore Drilling, Inc., Debtor. J. Hunt Perkins, Trustee v. Petro Supply Company, Inc.Court of Appeals for the Sixth Circuit · 1992
- Brasby v. Joseph C. Perry, Inc. (In Re Brasby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
6 more not listed; retrieve them via the Exa API.