Legal Opinion
In Re Jaylaw Drug, Inc., Debtor. Jaylaw Drug, Inc. v. United States Internal Revenue Service, and Empire National Bank
Court of Appeals for the Second Circuit
Decided May 5, 1980No. 974, Docket 79-5062PublishedCited by 39 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
Jaylaw Drug, Inc. (Jaylaw), a debtor which has been rehabilitated as a result of proceedings under Chapter XI of the Bankruptcy Act, appeals from a ruling of Bankruptcy Judge Schwartzberg, which was affirmed by Judge Cooper in the District Court for the Southern District of New York, 1 B.R. 512. The effect of the decision was to allow the Government to collect post-petition interest and pre- and post-petition penalties on a federal tax claim.
The facts are undisputed: Jaylaw filed a petition for an arrangement under Chapter XI on May 1,1975. Thereafter the Government…
2Cases cited24 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Bruning v. United StatesSupreme Court of the United States · 1964
- Nicholas v. United StatesSupreme Court of the United States · 1966
- City of New York v. SaperSupreme Court of the United States · 1949
- United States v. Daniel FaticoCourt of Appeals for the Second Circuit · 1979
19 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. ScarpaCourt of Appeals for the Second Circuit · 1990
- United States v. IannielloCourt of Appeals for the Second Circuit · 1986
- United States v. ScarpaCourt of Appeals for the Second Circuit · 1990
- In The Matter Of Becker's Motor Transportation, Inc.Court of Appeals for the Third Circuit · 1980
- United States v. River Coal Company, Inc. Polls Creek Coal Company, Inc. New Brush Creek Mining, Inc.Court of Appeals for the Sixth Circuit · 1984
34 more not listed; retrieve them via the Exa API.