Legal Opinion
In Re Original Auto Parts Distributors, Inc.
United States Bankruptcy Court, S.D. New York
Decided March 12, 1981No. 18-23395PublishedCited by 19 opinions
1Opinion of the Court
DECISION ON COMPLAINT OF TR-3 CHEMICAL CORPORATION RE RECLAMATION OF GOODS.
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The determination of this controversy hinges upon whether or not a seller’s demand for reclamation of goods sold to a debtor must always be made in writing before ten days after receipt of the goods by the debtor. In this case, the seller did not learn of the debtor’s insolvency until more than ten days after receipt of the goods.
The seller, TR-3 Chemical Corporation, filed a complaint objecting to the discharge of the obligation owed to it by the debtor, Original Auto Parts…
2Cases cited6 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- In Re MeiselmanCourt of Appeals for the Second Circuit · 1939
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Julius Schwartz v. Associated Musicians Of Greater New York, Local 802, American Federation Of Musicians Of The United States And CanadaCourt of Appeals for the Second Circuit · 1964
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
- Harris Trust & Savings Bank v. Wathen's Elevators, Inc. (In Re Wathen's Elevators, Inc.)United States Bankruptcy Court, W.D. Kentucky · 1983
- Plastic Distributing Corp. v. Koro Corp. (In Re Koro Corp.)Bankruptcy Appellate Panel of the First Circuit · 1982
- B. Berger Co. v. Contract Interiors, Inc. (In Re Contract Interiors, Inc.)United States Bankruptcy Court, E.D. Michigan · 1981
- Ecolotec, Inc. v. Deephouse Equipment Co. (In Re Deephouse Equipment Co.)United States Bankruptcy Court, D. Connecticut · 1982
14 more not listed; retrieve them via the Exa API.