In Re Capitol-York Construction Corp.
United States Bankruptcy Court, S.D. New York
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
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
- John C. Shimman v. International Union of Operating Engineers, Local 18Court of Appeals for the Sixth Circuit · 1984
- Nemeroff v. AbelsonCourt of Appeals for the Second Circuit · 1980
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3Cited by4 opinions
- In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1986
- Matter of LevyUnited States Bankruptcy Court, S.D. New York · 1985
- In Re Petroleum Piping Contractors, Inc.United States Bankruptcy Court, N.D. Indiana · 1997
- Averbach v. Rival Manufacturing Co.District Court, E.D. Pennsylvania · 1990