Legal Opinion

Barr v. Juniata Valley Bank (In re DeLancey)

District Court, S.D. New York

Decided September 3, 1987No. Bankruptcy No. 85 B 20100; 85 ADV. 6070PublishedCited by 3 opinions

1Opinion of the Court

DECISION ON MOTION FOR SUMMARY JUDGMENT DIRECTING TURNOVER OF ESCROW FUND

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee of the Chapter 7 debtor, Joseph L. DeLancey, has moved for an order granting summary judgment with respect to his adversary action for the turnover of a fund of approximately $46,000 held in escrow by the Juniata Valley Bank (the “Bank”) pursuant to state court proceedings in the Commonwealth of Pennsylvania. The key issue is whether or not this escrow fund is property of the estate of Joseph L. DeLancey within the meaning of 11 U.S.C. § 541. The trustee contends that the…

2Cases cited25 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975

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3Cited by3 opinions

  1. In Re Atlas Shipping A/SUnited States Bankruptcy Court, S.D. New York · 2009
  2. Matter of DeLanceyUnited States Bankruptcy Court, S.D. New York · 1987
  3. Rushton v. Tennessee Valley Authority (In re C.W. Mining Co.)United States Bankruptcy Court, D. Utah · 2014

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