Legal Opinion
Hertzberg v. H. Hirschfield & Sons, Inc. (In Re Caro Products, Inc.)
United States Bankruptcy Court, E.D. Michigan
Decided September 29, 1982No. 15-30367PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
RAY REYNOLDS GRAVES, Bankruptcy Judge.
The questions presented by this adversary proceeding are: (1) Whether Section 547(b) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 547(b), operates to deprive a creditor of property without due process in violation of the Fifth Amendment to the United States Constitution when the creditor’s property interest arose subsequent to the enactment of the Act, but prior to the effective date thereof; and (2) Whether a debt is deemed to have been incurred upon delivery of goods to the purchaser when payment for the goods is not due until 60…
2Cases cited6 opinions
- Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
- First Nat. Bank of Chicago v. Prima Co.Court of Appeals for the Seventh Circuit · 1937
- Weill v. Southern Credit Union (In Re Bowen)United States Bankruptcy Court, E.D. Tennessee · 1980
- United States v. SmithDistrict Court, W.D. Michigan · 1945
- Chrestensen v. ValentineDistrict Court, S.D. New York · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grogan v. Chesebrough-Ponds, Inc. (In Re Advance Glove Manufacturing Co.)United States Bankruptcy Court, E.D. Michigan · 1982
- Production Steel, Inc. v. Sumitomo Corp. of America (In Re Production Steel, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1985
- Richter & Phillips Jewelers & Distributors, Inc. v. Dolly Toy Co. (In Re Richter & Phillips Jewelers & Distributors, Inc.)United States Bankruptcy Court, S.D. Ohio · 1983
- Dickinson v. Meredith (In Re Wathen's Elevators, Inc.)United States Bankruptcy Court, W.D. Kentucky · 1984
- Parker v. Bruner (In Re Bruner)United States Bankruptcy Court, E.D. Missouri · 1984
3 more not listed; retrieve them via the Exa API.