Legal Opinion

Charlestown Holdings, Inc. v. Federal Deposit Insurance (In re Competrol Acquisition Partnership, L.P.)

United States Bankruptcy Court, D. Delaware

Decided August 12, 1994No. Bankruptcy Nos. 94-622 (PJW) to 94-626 (PJW); Adv. No. 94-90Published

1Opinion of the Court

PETER J. WALSH, Bankruptcy Judge.

INTRODUCTION

Before the court are Counts I and II of an adversary proceeding brought by the Plaintiffs-Debtors against Defendants Federal Deposit Insurance Corporation and Recoil Management Corporation in which Plaintiffs seek (a) as Count I, the enforcement of the automatic stay of 11 U.S.C. § 362(a) and damages relating to the violation thereof and (b) as Count II, the turnover of certain property of the Debtors’ estates in accordance with 11 U.S.C. § 542.1

For the reasons set forth below I find for the Plaintiffs on Count I. In light of that finding I need…

2Cases cited11 opinions

  1. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  2. In Re Leonard J. Siciliano, Debtor. Prudential Savings Bank, PasaCourt of Appeals for the Third Circuit · 1994
  3. In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
  4. Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'nDistrict Court, D. Massachusetts · 1977
  5. Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942

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