Legal Opinion
Road Patch Services, Inc. v. Carapico (In Re Road Patch Services, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 10, 1993No. 16-16778PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
Resolution of the instant proceeding requires this court to address the efficacy of a landlord’s attempt to rationalize his apparent execution upon property of a third party non-tenant who is a debtor in bankruptcy following execution on a confessed judgment against the tenant as a distraint, and then to utilize distraint as a legal basis to retain that property. Finding alternatively that (1) the landlord was not actually utilizing distraint; and (2) if it were, any use of distraint is unconstitutional and the instant distraint effected…
2Cases cited34 opinions
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
- Roberts v. Sears, Roebuck & Co.Supreme Court of the United States · 1980
29 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re RothmanUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
- Union Meeting Partners v. Lincoln National Life Insurance (In Re Union Meeting Partners)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- In Re WrightUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re Main, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1997
- Fricker v. Corestates Bank, N.A. (In Re Fricker)United States Bankruptcy Court, E.D. Pennsylvania · 1996
3 more not listed; retrieve them via the Exa API.