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Legal Opinion

Speciner v. Gettinger Associates (In Re Brooklyn Overall Co.)

United States Bankruptcy Court, E.D. New York

Decided March 4, 1986No. 1-19-40633PublishedCited by 11 opinions

1Opinion of the Court

DECISION

C. ALBERT PARENTE, Bankruptcy Judge.

Pursuant to the adversarial procedure charted by Part 7 of the Rules of Bankruptcy Procedure, Rules 701 et seq., the trustee (hereafter “plaintiff”) on August 16, 1985, served upon the above-named defendants a complaint encompassing two separately stated and numbered causes of action.

The gravamen of the first cause of action seeks to avoid the transfer (assignment) of a lease between the debtor as tenant and the defendants as landlord occurring during the “gap” period of an involuntary petition. The plaintiff requests reinstation of the lease, or…

2Cases cited16 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Turman v. MoralesSupreme Court of the United States · 1982
  3. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
  4. In the Matter of Richard A. Tonry and Irene Juneau Tonry, Debtors. Richard A. Tonry and Irene Juneau Tonry v. Jean O. Hebert, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1984
  5. Matter of NoonanUnited States Bankruptcy Court, S.D. New York · 1982

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3Cited by11 opinions

  1. In Re Farley, Inc.United States Bankruptcy Court, N.D. Illinois · 1992
  2. In Re PriestleyUnited States Bankruptcy Court, D. New Mexico · 1988
  3. EBC I, Inc. v. America Online, Inc. (In Re EEC I, Inc.)United States Bankruptcy Court, D. Delaware · 2008
  4. Cossitt v. First American State Bank (In Re Fort Dodge Creamery Co.)United States Bankruptcy Court, N.D. Iowa · 1990
  5. Signature Apparel Group LLC v. Laurita (In re Signature Apparel Group LLC)United States Bankruptcy Court, S.D. New York · 2017

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