Legal Opinion

In Re Moskowitz

United States Bankruptcy Court, S.D. New York

Decided October 5, 1981No. 18-13630PublishedCited by 33 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

New York Hospital has moved for summary judgment against the trustee in bankruptcy in this case. The question presented is whether proceeds due under a medical insurance contract, remitted directly to a hospital for services rendered to the debtors, and paid within three months prior to the debtors’ joint filing under 11 U.S.C. § 302, belong to the debtors as property of the estate within the meaning of U.S.C. § 541. The trustee in bankruptcy seeks recovery of the funds as a voidable preferential transfer pursuant to 11 U.S.C. § 547.

FACTS

1. The trustee in…

2Cases cited10 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  3. Elliott v. BumbCourt of Appeals for the Ninth Circuit · 1966
  4. Esgro, Inc. v. Esgro, Inc.Court of Appeals for the Ninth Circuit · 1981
  5. In Re MoskowitzUnited States Bankruptcy Court, S.D. New York · 1981

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3Cited by33 opinions

  1. In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
  2. First Fidelity Bank v. Raymond McAteer Helen McAteer Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A.Court of Appeals for the First Circuit · 1993
  3. University of Texas Medical Branch at Galveston v. AllanCourt of Appeals of Texas · 1989
  4. Ochs v. Lipson (In Re First Central Financial Corp.)United States Bankruptcy Court, E.D. New York · 1999
  5. Brent Explorations, Inc. v. Karst Enterprises, Inc. (In Re Brent Explorations, Inc.)United States Bankruptcy Court, D. Colorado · 1983

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