Legal Opinion
Salem v. Lawrence Lynch Corp. (In Re Farrell & Howard Auctioneers, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided October 13, 1994No. 13-16976PublishedCited by 19 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Chief Judge.
This is a preference case brought by the chapter 7 trustee of Farrell & Howard Auctioneers, Inc. (the “Debtor”), a licensed aue- tioneer. Among the defenses of Lawrence Lynch Corp. (the “Defendant”) is the contention that the payment in question came not from funds of the Debtor but rather from either the Defendant’s funds or funds of others whose property the Debtor had sold. I reject that contention. This decision will therefore do much to resolve the ownership issues which dominate other pending preference actions and control distribution of the…
2Cases cited36 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
- Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
- In Re Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
- In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
31 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Coupon Clearing Service, Inc.Court of Appeals for the Ninth Circuit · 1997
- Mystic Color Lab, Inc. v. Auctions Worldwide, LLCSupreme Court of Connecticut · 2007
- Grella v. Zimmerman (In Re Art & Co.)United States Bankruptcy Court, D. Massachusetts · 1995
- Rine & Rine Auctioneers, Inc. v. Douglas County Bank & Trust Co. (In re Rine & Rine Auctioneers, Inc.)Court of Appeals for the Eighth Circuit · 1996
- Stoebner v. Consumers Energy Co. (In Re LGI Energy Solutions, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
14 more not listed; retrieve them via the Exa API.