Legal Opinion
Hickey v. Fireside Inn Motel, Inc. (In Re Scionti)
United States Bankruptcy Court, D. Massachusetts
Decided August 3, 1984No. 09-42630PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
JAMES N. GABRIEL, Bankruptcy Judge.
The Chapter 7 Trustee, seeks to recover a $10,000 security deposit from the defendant, the debtor’s landlord, Fireside Inn Motel, Inc. The complaint alleges that the landlord’s application of the deposit within ninety days of the filing of the bankruptcy petition to satisfy antecedent rent arrear-ages was a preferential transfer under 11 U.S.C. 547.
The defendant landlord moved to dismiss the complaint pursuant to the Federal Rules of Civil Procedure, Rule 12(b)(6) (as made applicable to this proceeding by Bankruptcy Rule 7012), asserting that the…
2Cases cited5 opinions
- Waldschimdt v. Appleton Investment Co. (In Re Zienel Furniture, Inc.)United States Bankruptcy Court, E.D. Wisconsin · 1981
- Roemelmeyer v. Webb (In Re Lackow Bros.)United States Bankruptcy Court, S.D. Florida. · 1982
- Wright v. OliveCourt of Appeals for the Fifth Circuit · 1926
- Tavormina v. Alexander Grant & Co. (In Re Trending Cycles for Commodities, Inc.)United States Bankruptcy Court, S.D. Florida. · 1980
- Brooks Shoe Manufacturing Co. v. United Telephone Co. (In Re Naudain, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
3Cited by9 opinions
- Levitt v. Riddell Sports, Inc. (In Re MacGregor Sporting Goods, Inc.)United States Bankruptcy Court, D. New Jersey · 1995
- In Re Village Craftsman, Inc.United States Bankruptcy Court, D. New Jersey · 1993
- Aspen Data Graphics, Inc. v. Boulton (In Re Aspen Data Graphics, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Schwartz v. C.M.C., Inc. (In Re Communicall Central, Inc.)United States Bankruptcy Court, N.D. Illinois · 1989
- In Re ColeUnited States Bankruptcy Court, D. Maryland · 1989
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