Legal Opinion
In Re ICS Cybernetics, Inc.
United States Bankruptcy Court, N.D. New York
Decided November 20, 1989No. 19-30133PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
STEPHEN D. GERLING, Bankruptcy Judge.
The Court has consolidated for decision two motions involving separate creditors but each involving ICS Cybernetics, Inc. (“Debtor”) which raise common issues of law, to wit: whether “actual use” by the Debtor of personal property subject to an unexpired lease is necessary to warrant allowance of an administrative expense priority pursuant to 11 U.S.C. § 503(b)(1)(A), and how “benefit” to the Debtor’s estate is determined. Both motions present questions of first impression for the Court.
MOTI…
2Cases cited20 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
- 17 Collier bankr.cas.2d 1077, Bankr. L. Rep. P 72,026 in Re White Motor Corporation, Debtor, Employee Transfer Corporation v. John T. Grigsby, Jr., Disposition Assets TrusteeCourt of Appeals for the Sixth Circuit · 1987
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ford Motor Credit Company v. Rayfeal C. Dobbins, A/K/A Ray C. Dobbins Mary Ellen DobbinsCourt of Appeals for the Fourth Circuit · 1994
- In Re Mid Region Petroleum, Inc., Debtor. General American Transportation Corporation v. W. Scott Martin, Trustee of Mid Region Petroleum, Inc.Court of Appeals for the Tenth Circuit · 1993
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re CIS Corp.District Court, S.D. New York · 1992
- In Re Patient Education Media, Inc.District Court, S.D. New York · 1998
16 more not listed; retrieve them via the Exa API.