Legal Opinion

In Re Yale Express System, Inc.

District Court, S.D. New York

Decided May 11, 1972No. 65 B 404PublishedCited by 2 opinions

1Opinion of the Court

OPINION

TYLER, District Judge.

In proceedings on the trustee’s recommendation of a final plan of reorgani zation of the two remaining debtors in these Chapter X proceedings, vendor-claimant Altai Fuel Company (“Altul”) has objected to the recommended plan because it does not create a class of unsecured creditors entitled to receive priority simply because they supplied goods or services to the debtors within six months prior to the filing of petitions. In the exercise of discretion, it is concluded that invocation of the six month rule in favor of Altul or any similarly situated claimant is…

2Cases cited9 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
  3. In the Matter of Yale Express System, Inc., Debtor. Boston Insurance Company v. F. Ralph Nogg, TrusteeCourt of Appeals for the Second Circuit · 1966
  4. Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
  5. In the Matter of the Pusey and Jones Corporation, Bankrupt. Deemer Steel Casting Company, a Delaware CorporationCourt of Appeals for the Third Circuit · 1961

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3Cited by2 opinions

  1. In the Matter of Hallmark Medical Services, Inc., Debtors. Isaac Mizrahi v. William H. Martin, TrusteeCourt of Appeals for the Fifth Circuit · 1973
  2. In Re McLean Industries, Inc.United States Bankruptcy Court, S.D. New York · 1989

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