Legal Opinion

Matter of Happy Time Fashions, Inc.

United States Bankruptcy Court, S.D. New York

Decided December 5, 1980No. 18-01833PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

BURTON R. LIFLAND, Bankruptcy Judge.

FACTS

This is an action by the New York Credit Mens’ Adjustment Bureau, Inc., as Trustee in Bankruptcy of Happy Time Fashions, Inc. (“Happy Time”), against Henry Kohn, former president, chief operating officer, sole shareholder and sole director of the bankrupt corporation, which essentially seeks damages in the form of a surcharge and to recover a preference.

Two important issues are presented:

a) Whether an individual who was the mind, hands and pockets of a now bankrupt corporation, may be held personally responsible for unsatisfied…

2Cases cited14 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Mosser v. DarrowSupreme Court of the United States · 1951
  3. In the Matter of Arlan's Department Stores, Inc., DebtorCourt of Appeals for the Second Circuit · 1979
  4. Gochenour v. Cleveland Terminals Bldg. Co.Court of Appeals for the Sixth Circuit · 1941
  5. In Re McCrory Stores CorporationDistrict Court, S.D. New York · 1935

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Denton v. HymanCourt of Appeals for the Second Circuit · 2007
  2. AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1990
  3. Hassett v. McColley (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  4. In Re Lowry Graphics, Inc.United States Bankruptcy Court, S.D. Texas · 1988
  5. Command Performance Operators, Inc. v. First International Services Corp. (In Re First International Services Corp.)United States Bankruptcy Court, D. Connecticut · 1982

8 more not listed; retrieve them via the Exa API.

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