Legal Opinion

Buchman v. American Foam Rubber Corporation

District Court, S.D. New York

Decided October 25, 1965PublishedCited by 16 opinions

1Opinion of the Court

COOPER, District Judge.

Motion for summary judgment in their respective favor by trustee Ackman and the individual defendants on the Trustee’s second counterclaim and cross claim. 1

Briefly stated, by his second counterclaim and cross claim, the trustee seeks to recover for the benefit of bankrupt’s creditors under Section 70, sub. e of the Bankruptcy Act, 11 U.S.C. § 110, sub. e, certain moneys paid by the bankrupt at a time it was solvent to its retired president under a “severance agreement” on the theory such payments violated an antidividend provision contained in debentures then…

2Cases cited90 opinions

  1. Stellwagen v. ClumSupreme Court of the United States · 1918
  2. Moore v. BaySupreme Court of the United States · 1931
  3. Cline v. Frink Dairy Co.Supreme Court of the United States · 1927
  4. Hutchison v. RossNew York Court of Appeals · 1933
  5. Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958

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3Cited by16 opinions

  1. Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
  2. Fed. Sec. L. Rep. P 95,234 William R. Van Gemert v. The Boeing Co.Court of Appeals for the Second Circuit · 1975
  3. In Re Leasing Consultants Inc.Court of Appeals for the Second Circuit · 1979
  4. Official Committee of Unsecured Creditors of Buckhead America Corp. v. Reliance Capital Group, Inc. (In Re Buckhead America Corp.)District Court, D. Delaware · 1994
  5. Orbach v. PappaDistrict Court, S.D. New York · 1979

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