Legal Opinion
North Star Diamond Co. v. Brusich & St. Pedro Jewelers, Inc. (In Re Brusich & St. Pedro Jewelers, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 24, 1983No. 19-10673PublishedCited by 20 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether goods consigned to a debtor by a creditor, where said creditor expressly retains title to the goods, are property of the estate under section 541(a) of the Bankruptcy Code (“the Code”). We conclude that, under the facts of the present case, the subject transaction is expressly governed by section 2326(c) of the Pennsylvania Commercial Code (“P.C.C.”) and that, therefore, the consigned goods are subject to the claims of the debtor’s creditors.
The facts of the instant case are as follows: 1 On June 30, 1982, Brusich & St.…
2Cases cited8 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- First Mortgage Corp. v. Walker (In Re Walker)United States Bankruptcy Court, W.D. Virginia · 1980
- Navajo Tribe v. Sandmar Corp. (In Re Sandmar Corp.)United States Bankruptcy Court, D. New Mexico · 1981
- Memphis Bank & Trust Co. v. BrooksDistrict Court, W.D. Tennessee · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Wedgewood Realty Group, Ltd. Wedgewood Investment Fund, Ltd. v. Wedgewood Realty Group, LtdCourt of Appeals for the Third Circuit · 1989
- In Re ClarkUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re McNeelyUnited States Bankruptcy Court, D. Utah · 1985
- Whitaker v. Baxter (In Re Whitaker)United States Bankruptcy Court, S.D. Georgia · 2006
- In Re Orfa Corp. of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
15 more not listed; retrieve them via the Exa API.