Legal Opinion

Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. Travelers Indemnity Co. (In Re Maxwell Newspapers, Inc.)

United States Bankruptcy Court, S.D. New York

Decided February 26, 1996No. 19-10443PublishedCited by 23 opinions

1Opinion of the Court

DECISION ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

Two questions are presented on these cross-motions for partial summary judgment regarding the “subsequent new value” defense to an otherwise avoidable transfer: (i) does the continued provision of insurance coverage constitute new value and (ii) if it does, is the defense unavailable nonetheless because the cost of that coverage was subsequently paid by a concededly preferential transfer? The plaintiff contends that the insurance coverage represents mere forbearance, rather than “material” new value, so…

2Cases cited31 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas CorporationCourt of Appeals for the Eighth Circuit · 1988
In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980

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

3Cited by23 opinions

In Re: Jones Truck Lines, Inc.Court of Appeals for the Eighth Circuit · 1998
Jones Truck Lines, Inc. v. Central States, Southeast & Southwest Areas Pension FundCourt of Appeals for the Eighth Circuit · 1997
In Re Pameco Corp.United States Bankruptcy Court, S.D. New York · 2006
In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
In Re Braniff, Inc.United States Bankruptcy Court, M.D. Florida · 1998

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