Legal Opinion

Cassirer v. Sterling National Bank & Trust Co. (In Re Schick)

United States Bankruptcy Court, S.D. New York

Decided March 13, 2000No. 19-22443PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION DENYING DEFENDANT STERLING BANK’S MOTION FOR SUMMARY JUDGMENT

STUART M. BERNSTEIN, Chief Judge.

Aurora Cassirer, the chapter 11 trustee of the estate of David Schick, commenced this adversary proceeding to avoid and recover four preferential transfers from Sterling National Bank & Trust Co. (“Sterling” or the “Bank”). Sterling moves for partial summary judgment with respect to two of the transfers. It contends that Schick paid the Bank with money he had converted from third parties, and therefore, had no interest in the transferred property. As a result, the trustee cannot…

2Cases cited34 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  4. Sharp v. KosmalskiNew York Court of Appeals · 1976
  5. Simonds v. SimondsNew York Court of Appeals · 1978

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3Cited by7 opinions

  1. Gowan v. Patriot Group, LLC (In Re Dreier LLP)United States Bankruptcy Court, S.D. New York · 2011
  2. McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)United States Bankruptcy Court, S.D. New York · 2010
  3. Darby v. Zimmerman (In Re Popp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. In Re Dreier LLPUnited States Bankruptcy Court, S.D. New York · 2010
  5. Official Committee of Unsecured Creditors ex rel. estates of the Debtors v. UMB Bank, N.A.United States Bankruptcy Court, S.D. New York · 2013

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

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