Legal Opinion
Silver, Feigen & Drucker v. Carnegie Industries, Inc. (In Re Carnegie Industries, Inc.)
United States Bankruptcy Court, S.D. New York
Decided February 13, 1981No. 18-23749PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER ON MOTION TO DISMISS COMPLAINT
BURTON R. LIFLAND, Bankruptcy Judge.
In this Chapter XI Bankruptcy Act 1 case, Carnegie Industries, Inc. (“Carnegie”), a debtor in possession, has filed a Rule 12(b)(6) 2 motion to dismiss a complaint filed against it by plaintiff, Silver, Feigen & Druchner, which, because of the introduction of matters outside the pleading(s), must procedurally be treated as a motion for summary judgment. 2 ®
Plaintiff, collectively, a law firm that represented Carnegie in more posh pre-peti tion days, seeks by dint of an amorphous complaint to:
a) require the…
2Cases cited7 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Rex Applegate v. Top Associates, Inc., Theodore O. ProunisCourt of Appeals for the Second Circuit · 1970
- The Union Insurance Society of Canton, Ltd. v. William Gluckin & Co., Inc.Court of Appeals for the Second Circuit · 1965
- In Re Shirley Duke Associates, Debtor. Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, Individually, and Ralph C. Mutchler, Jr., and Sam L. Harrell, Trustees v. Shirley Duke Associates, A.P.I. Trust and Shirduke, Inc., Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, E. M. Bros, Trustee for the Benefit of Orpha L. Bros Estate, Peter K. Bros, Trustee for the Benefit of E. M. Bros Estate and Ralph C. Mutchler, Jr. And Sam L. Harrell, as Trustees v. Shirley Duke Associates, Appeal of Wisehart, Friou & KochCourt of Appeals for the Second Circuit · 1979
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3Cited by4 opinions
- West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- Petition of HackettUnited States Bankruptcy Court, S.D. New York · 1995
- Taylor v. King (In Re King)United States Bankruptcy Court, D. Rhode Island · 1982
- In Re Water's Edge Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 2000