Legal Opinion
In Re Cutler-Owens International Ltd.
United States Bankruptcy Court, S.D. New York
Decided November 26, 1985No. 19-35087PublishedCited by 2 opinions
1Opinion of the Court
DECISION AND ORDER
HOWARD C. BUSCHMAN, III, Bankruptcy Judge.
In the instant contested matter, LIBCO has moved for summary judgment dismissing an affirmative defense of Cutler-Owens International Ltd., (the “Debtor”) to LIB-CO’s claim pursuant to Rule 7056 of the Rules of Bankruptcy Procedure. LIBCO claims that it is entitled to payment from the Debtor for goods sold and delivered in the sum of $283,301.46. In objecting to the claim the Debtor asserts an affirmative defense that LIBCO’s claim is barred by New York’s Business Corporation Law (NYBCL) § 1312 (McKinney 1963), which prohibits a…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Angel v. BullingtonSupreme Court of the United States · 1947
- In Re All Media Properties, Inc.United States Bankruptcy Court, S.D. Texas · 1980
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- In Re B.D. International Discount Corp., Debtor-Appellant. B.D. International Discount Corp. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re BrillUnited States Bankruptcy Court, S.D. New York · 2004
- In re Princeton Office Park, L.P.United States Bankruptcy Court, D. New Jersey · 2014