Legal Opinion
In Re Flax
United States Bankruptcy Court, E.D. New York
Decided March 24, 1995No. 1-19-40735PublishedCited by 5 opinions
1Opinion of the Court
DECISION ON MOTION BY GERALD HOFFER TO VACATE STAY
DOROTHY EISENBERG, Bankruptcy Judge.
This matter is before the Court pursuant to a motion made by Gerald Hoffer (“Hof-fer”) to vacate the automatic stay in the case of Burton Flax (the “Debtor”) to allow him to continue with his action to recover a judgment entered in the Supreme Court of the State of New York, Suffolk County on July 12, 1984 and to enforce his rights under the judgment. Andrew Thaler, Esq., the Chapter 7 Trustee (the “Trustee”), has opposed the motion, claiming that the Trustee has a superior interest in the property Hoffer is…
2Cases cited5 opinions
- Elizabeth K. Knapp v. Walter P. McFarland Defendant-Appellee-Appellant, Sheriff of the City of New York, Appellant-AppelleeCourt of Appeals for the Second Circuit · 1972
- Quistgaard v. EAB European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Schindler v. Industrial Commissioner of the New York State Department of Labor (In Re Reiber's Inn of Westchester, Inc.)District Court, S.D. New York · 1980
- Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.New York Supreme Court · 1975
- Matter of Reiber's Inn of Westchester, Inc.United States Bankruptcy Court, S.D. New York · 1979
3Cited by5 opinions
- United States v. Holy Land Foundation for Relief & DevelopmentCourt of Appeals for the Fifth Circuit · 2006
- In Re PandeffUnited States Bankruptcy Court, S.D. New York · 1996
- Gary Friedrich Enterprises, LLC v. Marvel Enterprises, Inc.District Court, S.D. New York · 2011
- United States v. Holy Land Foundation for ReliefCourt of Appeals for the Fifth Circuit · 2006
- World Business Lenders, LLC v. Barry (In re Barry)United States Bankruptcy Court, M.D. Pennsylvania · 2016