Legal Opinion

Emerson Quiet Kool Corp. v. Marta Group, Inc. (In Re Marta Group, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 29, 1983No. 14-19779PublishedCited by 33 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

A creditor, Emerson Quiet Kool Corporation (“Emerson”), has commenced an action based upon its consignment of goods to the debtor seeking, in the alternative, either an injunction barring the use or sale of the goods, or a modification of the automatic stay permitting the creditor to repossess the goods. For the reasons stated herein we will modify the stay and allow Emerson to repossess a portion of the goods.

The facts of the case are as follows: 1 Marta Corporation of Pennsylvania (“MCP”) was a Pennsylvania corporation-for-profit which operated as…

2Cases cited8 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. In Re PlattDistrict Court, E.D. Pennsylvania · 1966
  3. GBS Meat Industry Pty. Ltd. v. Kress-Dobkin Co.District Court, W.D. Pennsylvania · 1979
  4. In the Matter of Kalamazoo Steel Process, Inc., Bankrupt. H. G. Burnett, Trustee v. H. O. U. Corporation of Kalamazoo, MichiganCourt of Appeals for the Sixth Circuit · 1974
  5. Gerber Industries, Inc. v. Bildisco (In Re Bildisco)District Court, D. New Jersey · 1981

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3Cited by33 opinions

  1. Maritime Electric Co. v. United Jersey BankCourt of Appeals for the Third Circuit · 1991
  2. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  3. In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. In Re Poughkeepsie Hotel Associates Joint VentureUnited States Bankruptcy Court, S.D. New York · 1991
  5. Turbowind, Inc. v. Post Street Management, Inc. (In Re Turbowind, Inc.)United States Bankruptcy Court, S.D. California · 1984

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