Legal Opinion

Carrier Corp. v. Mid Corp. (In Re Daikin Miami Overseas, Inc.)

District Court, S.D. Florida

Decided July 18, 1986No. 86-0567-CIVPublishedCited by 16 opinions

1Opinion of the Court

ORDER ON APPEAL

SCOTT, District Judge.

Appellant Carrier Corporation (“Carrier”) appeals an order of the bankruptcy court denying Carrier’s motion to vacate a final judgment. On appeal, Carrier contends that the trial date of the adversary proceeding was untimely and that the bankruptcy judge abused his discretion in failing to vacate the final judgment. Those facts necessary to an understanding of the issues raised on appeal will be summarized.

FACTS

The action below sought the avoidance of a preferential payment by a Debtor-in-Possession pursuant to 11 U.S.C. § 547. The complaint, filed on…

2Cases cited3 opinions

  1. Landis v. North American Co.Supreme Court of the United States · 1936
  2. Usery v. Weiner Bros.District Court, D. Connecticut · 1976
  3. Nelson v. Coleman Co.District Court, D. South Carolina · 1966

3Cited by16 opinions

  1. In Re Energy Cooperative, Inc., Debtor. Energy Cooperative, Inc., Jay A. Steinberg, Trustee v. Socap International, Ltd.Court of Appeals for the Seventh Circuit · 1987
  2. Pioneer Technology, Inc. v. Eastwood (In Re Pioneer Technology, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  3. Richardson v. Philadelphia Housing Authority (In Re Richardson)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Mellon Bank, N.A. v. Metro Communications, Inc. (In Re Metro Communications, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1989
  5. Hickey v. Nightingale Roofing, Inc.District Court, D. Massachusetts · 1988

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