Legal Opinion
Official Committee of Unsecured Creditors v. Cushman & Wakefield of Penna., Inc. (In re Shapiro)
United States Bankruptcy Court, E.D. Pennsylvania
Decided March 8, 1991No. Bankruptcy No. 89-13772S; Adv. No. 90-0026PublishedCited by 4 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The issue presented by this proceeding is the disposition of an escrow deposit made by a Debtor-buyer of real estate under an agreement of sale and an escrow agreement allowing delivery of the fund only upon agreement by the parties or court authorization in light of (1) the Debtor’s pre-petition default of the agreement; and (2) his post-petition consent to the release of the fund to the Sellers. We hold that, in these circumstances, the fund was “property of the estate” of the Debtor at the time of the filing and that therefore the…
2Cases cited35 opinions
- Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- Aida Feliciano v. Reliant Tooling Company, Ltd. And Union Special Corporation, Sun Alliance and London Insurance, LimitedCourt of Appeals for the Third Circuit · 1982
- Louis H. GROSS, Lillian C. Gross and Marvin Kowit, Co-Partners, Trading as Gross & Kowit v. STEREO COMPONENT SYSTEMS, INC., AppellantCourt of Appeals for the Third Circuit · 1983
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3Cited by4 opinions
- In Re Morningstar Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- In Re ShapiroUnited States Bankruptcy Court, E.D. Pennsylvania · 1991
- Geron v. Schulman (In Re Manshul Construction Corp.)United States Bankruptcy Court, S.D. New York · 1998
- Provident National Bank v. First Pennsylvania Bank, N.A. (In Re Johnson)United States Bankruptcy Court, E.D. Pennsylvania · 1991