Legal Opinion
In Re Emergency Beacon Corp.
United States Bankruptcy Court, S.D. New York
Decided September 10, 1985No. 19-35349PublishedCited by 3 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
Montmarco, Inc. (“Montmartco”), has moved for an order pursuant to § 377(1) of the Bankruptcy Act of 1898, as amended (former 11 U.S.C. § 777(1) and, former Bankruptcy Rule ll-42(b)(5)(A), dismissing this Chapter XI petition and directing the debtor, Emergency Beacon Corporation, to proceed in bankruptcy pursuant to the liquidation provisions of the former Bankruptcy Act.
Montmartco, the largest unsubordinated general unsecured creditor of the debtor, premises its motion on the assertion that the debtor has failed to perform its obligations to its general…
2Cases cited4 opinions
- In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Harvey S. BarrCourt of Appeals for the Second Circuit · 1981
- In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Stephen G. Glatzer, Stephen G. Glatzer, Third-Party v. George Horvath, Rocco Scappatura, Jack Polish, Langer and Polish, Dana Jerry Horvath, Spencer Kellogg Ii, Cecil Citron, Sherman and Citron, Elliot Lubarsky, Ralph Barber, Roslyn Tabot, Montmartre Inc., Crafts Spun Yarn Inc., Mt. Clemens Corp., Balder Enterprises, Djh Corporation, Montmartco, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1981
- In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
- In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
3Cited by3 opinions
- In Re Emergency Beacon Corp.United States Bankruptcy Court, S.D. New York · 1986
- Cely v. O'Brien & KreitzbergAppellate Division of the Supreme Court of the State of New York · 2007
- Klee v. Americas Best Bottling Co.Appellate Division of the Supreme Court of the State of New York · 2010