Legal Opinion

In Re Capitol-York Construction Corp.

United States Bankruptcy Court, S.D. New York

Decided August 23, 1985No. 19-10428PublishedCited by 4 opinions

1Opinion of the Court

DECISION ON MOTION TO DECLARE A TRUST FUND FOR PAYMENT TO THREE CREDITORS AND CROSS MOTION FOR ATTORNEYS’ FEES AND COSTS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Capitol-York Construction Corp., the debtor in possession in this Chapter 11 case, has moved to provide for the payment to three creditors of its creditor, Lynnha-ven Marine Construction, Inc. (“Lynnha-ven”) also in Chapter 11, through a proposed trust fund, and to deduct the amounts so paid from the claim of Lynnha-ven. Two of the creditors of Lynnhaven as well as Lynnhaven have objected to the debtor’s motion. Additionally, Lynnhaven…

2Cases cited11 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
  4. John C. Shimman v. International Union of Operating Engineers, Local 18Court of Appeals for the Sixth Circuit · 1984
  5. Nemeroff v. AbelsonCourt of Appeals for the Second Circuit · 1980

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3Cited by4 opinions

  1. In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1986
  2. Matter of LevyUnited States Bankruptcy Court, S.D. New York · 1985
  3. In Re Petroleum Piping Contractors, Inc.United States Bankruptcy Court, N.D. Indiana · 1997
  4. Averbach v. Rival Manufacturing Co.District Court, E.D. Pennsylvania · 1990

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