Legal Opinion

In Re New York, New Haven and Hartford Railroad Co.

District Court, D. Connecticut

Decided August 28, 1967No. 30226PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON PETITION BY SIX MONTHS CREDITORS FOR PRIORITY

ANDERSON, Circuit Judge.

Several unsecured creditors of the New York, New Haven & Hartford Railroad, the Debtor in reorganization, have asserted claims to a priority in the assets of the Debtor based on the so-called “six months rule”. For the reasons set forth below, these claims are not entitled to be paid on a priority basis which would have to be satisfied from the corpus 1 of the mortgaged property of the Railroad. Since it appears extremely unlikely that any assets other than corpus will be available after…

2Cases cited25 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  3. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  4. Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
  5. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912

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3Cited by18 opinions

  1. New Haven Inclusion CasesSupreme Court of the United States · 1970
  2. In Re Penn Central Transportation Co.District Court, E.D. Pennsylvania · 1978
  3. In Re Ionosphere Clubs, Inc.United States Bankruptcy Court, S.D. New York · 1989
  4. In the Matter of Penn Central Transportation Company, Debtor. Appeal of Consolidated Edison Company of New York, IncCourt of Appeals for the Third Circuit · 1972
  5. In The Matter Of The Central Railroad Company Of New JerseyCourt of Appeals for the Third Circuit · 1970

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