Legal Opinion

Allegiance Healthcare Corp. v. Primary Health Systems, Inc. (In Re Primary Health Systems, Inc.)

United States Bankruptcy Court, D. Delaware

Decided January 26, 2001No. 17-12811PublishedCited by 12 opinions

1Opinion of the Court

OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Debtors’ Motion for summary judgment to disallow the Plaintiffs reclamation claim as a secured or administrative claim pursuant to section 546(c)(2). Because we conclude that there is a disputed issue of material fact, we deny the motion for summary judgment.

1. FACTUAL BACKGROUND

In September, 1996, Primary Health Systems, Inc., and its affiliates (“the Debtors”) obtained an $80 million loan from First Union Bank (“First Union”). Under that agreement, the Debtors pledged all of their current and future inventory as collateral…

2Cases cited22 opinions

Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
In Re Rawson Food Service, Inc., Debtor. Flav-O-Rich, Inc., Cross-Appellee v. Rawson Food Service, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
Toyota Industrial Trucks U. S. A., Inc. v. Citizens National Bank of Evans City v. Promat CorporationCourt of Appeals for the Third Circuit · 1979
Robeson Industries Corp. v. Hartford Accident & Indemnity Company Zurich Insurance Company Continental Insurance Company. In Re: Robeson Industries Corp., Debtor, Robeson Industries Corp. v. Hartford Accident & Indemnity Company Zurich Insurance Company Continental Insurance CompanyCourt of Appeals for the Third Circuit · 1999

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

3Cited by12 opinions

In Re Dana Corp.United States Bankruptcy Court, S.D. New York · 2007
CDI Trust v. U.S. Electronics, Inc. (In Re Communication Dynamics, Inc.)United States Bankruptcy Court, D. Delaware · 2008
Yenkin-Majestic Paint Corp. v. Wheeling-Pittsburgh Steel Corp. (In Re Pittsburgh-Canfield Corp.)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
In Re Circuit City Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2010
In Re Phar-Mor, Inc.United States Bankruptcy Court, N.D. Ohio · 2003

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