Domestic Fuel Corp. v. Rainaldi (In Re Domestic Fuel Corp.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MOTION AND CROSS-MOTION REGARDING DISPOSITION OF PLEDGED STOCK
HOWARD SCHWARTZBERG, Bankruptcy Judge.
Angelo Rainaldi (“Rainaldi”), a secured creditor in whose favor stock of two subsidiary companies of the debtor corporation, Domestic Fuel Corp., had been pledged by the debtor to secure payment to him of the selling price of the stock, exercised self-help and purported to sell to himself at a noticed sale title to the pledged stock. Rainaldi then called shareholders’ and directors’ meetings and elected himself the sole director and the president of the subsidiaries, ousting the debtor’s…
2Cases cited5 opinions
- Simpson v. . Jersey City Contracting Co.New York Court of Appeals · 1900
- In re the Estate of KiamieNew York Court of Appeals · 1955
- In Re Domestic Fuel Corp.United States Bankruptcy Court, S.D. New York · 1987
- In Re Eastern BancorporationUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- Sire Plan, Inc. v. MintzerNew York Supreme Court · 1963
3Cited by2 opinions
- Domestic Fuel Corp. v. Marine Midland Bank, N.A. (In Re Domestic Fuel Corp.)United States Bankruptcy Court, S.D. New York · 1987
- In Re MarriottUnited States Bankruptcy Court, S.D. Illinois · 1993