Legal Opinion
Official Committee of Unsecured Creditors of Operation Open City, Inc. v. New York State Department of State (In Re Operation Open City, Inc.)
United States Bankruptcy Court, S.D. New York
Decided December 30, 1992No. 19-22146PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM DECISION ON DEFENDANT'S MOTION TO DISMISS AND DEBTOR AND CREDITORS’ COMMITTEE’S MOTIONS FOR SUMMARY JUDGMENT
BURTON R. LIFLAND, Chief Judge.
Bankruptcy is a collective process in which all parties share in an inevitably inadequate estate. The bankruptcy court is the forum in which all parties resolve disputes regarding distribution of estate assets. This process, however, cannot function properly if any significant participant remains immune from the system’s fundamental rules. This adversary proceeding involves a governmental unit which has extracted funds from a debtor’s estate…
2Cases cited47 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
42 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hooker Atlanta (7) Corp. v. Hocker (In Re Hooker Investment, Inc.)United States Bankruptcy Court, S.D. New York · 1993
- Shugrue v. Fischer (In Re Ionosphere Clubs, Inc.)United States Bankruptcy Court, S.D. New York · 1994
- In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
- Official Committee of Unsecured Creditors of Operation Open City v. New York State Department (In Re Operation Open City, Inc.)District Court, S.D. New York · 1994
- Mims v. United States (Department of Veterans Affairs) (In Re Craftsmen, Inc.)United States Bankruptcy Court, N.D. Texas · 1993
11 more not listed; retrieve them via the Exa API.