Legal Opinion
ESI Enterprises, Inc. v. Joseph B. Dahlkemper Co. (In Re Joseph B. Dahlkemper Co.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided March 21, 1994No. 19-70022PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
Two matters are before the court at this time. ESI Enterprises, Inc. (“ESI”) has brought a complaint at Adversary No. 93-1263-BM to recover the sum of $188,788.53 which ESI asserts are the proceeds of merchandise owned by it that was sold at going-out-of-business sales (“sales”) it conducted on debtor’s behalf shortly before debtor filed for bankruptcy.
Debtor denies ESI’s exclusive ownership of the proceeds of the sales and, alternatively, denies that ESI’s interest in the proceeds was secured. Additionally, debtor avers that if ESI has an…
2Cases cited9 opinions
- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
- Advent Systems Limited, in No. 90-1069 v. Unisys Corporation, in No. 90-1070Court of Appeals for the Third Circuit · 1991
- Stauffer v. StaufferSupreme Court of Pennsylvania · 1976
- In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Skilled Nursing Professional Services, a Division of Skilled Nursing Home Care, Inc. v. Sacred Heart Hospital of Norristown (In Re Sacred Heart Hospital of Norristown)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- Erie Marine Enterprises, Inc. v. Nationsbank, N.A. (In Re Erie Marine Enterprises, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1998
- Brockway Pressed Metals, Inc. v. Eynon Associates, Inc. (In Re Brockway Pressed Metals, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2007
- Kamand Construction, Inc. v. Property Management, Inc. (In Re Kamand Construction, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2003
- In Re Shareholders Funding, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1995
3 more not listed; retrieve them via the Exa API.