Legal Opinion
Harvey Hooper Lobsters Ltd. v. Best Pack Seafoods, Inc. (In Re Best Pack Seafoods, Inc.)
United States Bankruptcy Court, D. Maine
Decided April 1, 1983No. 19-10113PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
FREDERICK A. JOHNSON, Bankruptcy Judge.
The trustee in this chapter 11 case seeks a declaration that an attachment by trustee process in favor of Harvey Hooper Lobsters Limited on a debt due from Doc’s Lobster Company Limited to the debtor, Best Pack Seafoods, Inc., is an avoidable preference. Harvey Hooper moves to dismiss the trustee’s adversary proceeding and asserts sev en affirmative defenses. The trustee moves to strike the affirmative defenses. The motion to dismiss will be denied and the motion to strike will be granted.
In February 1981, Hooper sold goods to Best…
2Cases cited5 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Harvey R. Miller, as Trustee in Bankruptcy of Ira Haupt & Co., a Limited Partnership, Bankrupt v. New York Produce ExchangeCourt of Appeals for the Second Circuit · 1977
- In Re Gustav Schaefer Co.Court of Appeals for the Sixth Circuit · 1939
- Mutual Trust Life Insurance Company v. WemyssDistrict Court, D. Maine · 1970
- Teiger v. Stephan Oderwald, Inc.District Court, S.D. New York · 1940
3Cited by14 opinions
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- First Federal of Michigan v. BarrowCourt of Appeals for the Sixth Circuit · 1989
- Tew v. Chase Manhattan Bank, N.A.District Court, S.D. Florida · 1990
- Inskeep v. Grosso (In Re Financial Partners, Ltd.)United States Bankruptcy Court, N.D. Illinois · 1990
- Cook v. United States (In Re Earl Roggenbuck Farms, Inc.)United States Bankruptcy Court, E.D. Michigan · 1985
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