Legal Opinion

Slaw Construction Corp. v. Hughes Foulkrod Construction Co. (In Re Slaw Construction Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 18, 1982No. 19-11772PublishedCited by 33 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The instant case is before us on the preliminary issue of whether the defendant’s counterclaim against the debtor in the above captioned adversary proceeding should be dismissed because the debtor’s plan of reorganization has already been confirmed and the defendant, a creditor of the debtor, is bound by the terms of that plan. We conclude that the counterclaim should not be dismissed because (1) that claim may be entitled to payment under the plan as an administrative expense, (2) even if that claim is not an administrative expense or provided for…

2Cases cited6 opinions

  1. In the Matter of Harbor Tank Storage Co., Inc. Murray Oil Products Co., Inc.Court of Appeals for the Third Circuit · 1967
  2. James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
  3. Binnick v. Avco Financial Services of Nebraska, Inc.District Court, D. Nebraska · 1977
  4. Johnson v. Rutherford Hospital (In Re Johnson)United States Bankruptcy Court, M.D. Tennessee · 1981
  5. United States v. BrunnerCourt of Appeals for the Tenth Circuit · 1960

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
  2. In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
  3. In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001
  4. In Re ContiUnited States Bankruptcy Court, E.D. Virginia · 1985
  5. Camelback Hospital, Inc. v. Buckenmaier (In Re Buckenmaier)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991

28 more not listed; retrieve them via the Exa API.

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