Legal Opinion
Niagara Mohawk Power Corp. v. Utica Floor Maintenance, Inc. (In Re Utica Floor Maintenance, Inc.)
District Court, N.D. New York
Decided August 5, 1984No. Bankruptcy No. 82-00049, No. 83-CV-1100PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
McCURN, District Judge.
This appeal from an Order of the United States Bankruptcy Court, 31 B.R. 509, for the Northern District of New York, Leon J. Marketos, Bkrtcy. J., raises issues concerning the right of a utility company to setoff a Chapter 11 debtor’s pre-petition security deposit against that debtor’s pre-petition indebtedness for utility services rendered. For various reasons set forth herein, it appears necessary for the matter to be reconsidered by the Bankruptcy Court, hence the case is remanded.
Background
On January 11, 1982, Utica Floor Maintenance,…
2Cases cited13 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- In Re Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Blanton v. Prudential-Bache Securities, Inc. (In Re Blanton)United States Bankruptcy Court, E.D. Virginia · 1989
- In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2000
- In Re ColeUnited States Bankruptcy Court, D. Maryland · 1989
- In Re the Bennett Funding Group, Inc.Bankruptcy Appellate Panel of the Second Circuit · 1997
- Parkway Plaza Investors v. Bacigalupi (In Re Bacigalupi, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
6 more not listed; retrieve them via the Exa API.