Legal Opinion

Joseph B. Dahlkemper Co. v. Liberatore (In re Joseph B. Dahlkemper Co.)

District Court, W.D. Pennsylvania

Decided August 15, 1994No. Bankruptcy No. 93-10014-BM; Motion No. 94-8MPublished

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor has objected to an amended proof of claim submitted after the bar date by Victor Liberatore, d/b/a Terra Erie Associates (hereinafter “Terra”). According to debtor, Terra’s claim should be disallowed because it is time-barred and because the amounts sought by Terra are not provided for by the terms of a lease agreement between the parties.

Terra denies that its claim is time-barred and asserts that the amounts sought either are mandated by the provisions of the lease agreement or by the terms it imposed upon debtor during its…

2Cases cited15 opinions

  1. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  2. Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
  3. In the Matter of Harbor Tank Storage Co., Inc. Murray Oil Products Co., Inc.Court of Appeals for the Third Circuit · 1967
  4. In the Matter of Intaco Puerto Rico, Inc., Debtor. Appeal of Gabriel Alvarez & AssociatesCourt of Appeals for the First Circuit · 1974
  5. In re Allegheny International, Inc.Court of Appeals for the Third Circuit · 1992

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