Legal Opinion

Polysat, Inc. v. Union Tank Car Co. (In Re Polysat, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 15, 1993No. 16-12734PublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

The chapter 11 debtor, Polysat, Inc., has filed an adversary proceeding seeking in-junctive relief against the defendant, Union Tank Car Company (hereinafter “UTCC”). The debtor contends that the discharge injunction found in 11 U.S.C. § 524, which arose by confirmation of the debtor’s plan under section 1141(d), bars UTCC from proceeding with litigation it commenced against the debtor in the Pennsylvania Court of Common Pleas. UTCC opposes the relief sought and argues that its claim against the debtor was not discharged.

The debtor initially…

2Cases cited57 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  4. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  5. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987

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3Cited by34 opinions

  1. Matter of National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997
  2. Insurance Co. of North America v. NGC Settlement Trust & Asbestos Claims Management Corp.Court of Appeals for the Fifth Circuit · 1997
  3. Stumpf v. McGee (In Re O'Connor)Court of Appeals for the Fifth Circuit · 2001
  4. In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Management, Debtor. Lon McGhan v. Jason RutzCourt of Appeals for the Ninth Circuit · 2002
  5. Cano v. GMAC Mortgage Corp. (In Re Cano)United States Bankruptcy Court, S.D. Texas · 2009

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