Legal Opinion
Matter of Upright
United States Bankruptcy Court, N.D. New York
Decided December 19, 1979No. 19-10169PublishedCited by 43 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Banc-ruptcy Judge.
The debtor’s objection to the trustee’s sale of certain property raises issues of jur isdiction, venue and whether or not the debtor’s exemption under Code § 522(d)(5) applies to stock in trade.
On October 19, the debtor filed a voluntary petition for an order of relief under the Bankruptcy Reform Act of 1978 with the Bankruptcy Court in Poughkeepsie, New York in the Southern District of New York. The debtor was then a resident of New Paltz, Ulster County, in the Northern District of New York, where he operated a florist shop, doing business as “Flowers…
2Cases cited4 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Lines v. FrederickSupreme Court of the United States · 1970
- Sharfsin v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- In Re MartinezDistrict Court, D. Puerto Rico · 1972
3Cited by43 opinions
- In re SmithCourt of Appeals for the Seventh Circuit · 1981
- First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
- Christopher J. Redmond v. Lamonte Russell Tuttle and Ruth Ella TuttleCourt of Appeals for the Tenth Circuit · 1983
- In the Matter of Philip A. Smith, Jr., Jeffery Stephen Pierce and Mary Kathryn Pierce and Jerry L. Montie Lamb and Claire Barnstead Lamb, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1981
- Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982
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