Legal Opinion

Nelson Co. v. Amquip Corp. (In Re Nelson Co.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 22, 1990No. 19-10553PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

By an adversary proceeding filed in this court, the debtor seeks a declaration that the defendant, Amquip Corporation, holds an unsecured claim and not a secured claim. The debtor contends that any lien on estate property currently held by the defendant should be avoided as preferential. Amquip disagrees; it asserts that it holds a valid nonpreferential lien. The facts are not in dispute; indeed, they have been stipulated by the parties. To resolve this complaint, it is necessary to determine certain narrow bankruptcy law issues and interpret…

2Cases cited45 opinions

  1. West Virginia v. United StatesSupreme Court of the United States · 1987
  2. Tigg Corporation v. Dow Corning CorporationCourt of Appeals for the Third Circuit · 1987
  3. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  4. Robert L. Rust v. Quality Car Corral, Inc. And the Provident BankCourt of Appeals for the Sixth Circuit · 1980
  5. In Re Upset Sale, Tax Cl. Bureau of BerksSupreme Court of Pennsylvania · 1984

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3Cited by12 opinions

  1. Brown v. Phillips (In Re Phillips)United States Bankruptcy Court, N.D. Illinois · 2007
  2. Krol v. Wilcek (In Re H. King & Associates)United States Bankruptcy Court, N.D. Illinois · 2003
  3. Bucki v. Singleton (In Re Cardon Realty Corp.)United States Bankruptcy Court, W.D. New York · 1992
  4. Barber v. Lebo (In Re Industrial & Municipal Engineering, Inc.)United States Bankruptcy Court, C.D. Illinois · 1990
  5. Buchwald v. Renco GroupDistrict Court, S.D. New York · 2015

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