Legal Opinion
Price v. Manufacturers & Traders Trust Co. (In Re Price)
United States Bankruptcy Court, W.D. New York
Decided April 4, 2001No. 1-08-14179PublishedCited by 6 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
This court previously granted the debt- or’s motion to reopen his chapter 7 case, for the purpose of commencing the present adversary proceeding to recover from a judgment creditor the allegedly preferential payment of funds garnished from the debtor’s wages. The defendant in this adversary proceeding has now moved for summary judgment on two grounds: first, that because the garnished funds were non-exempt assets, the debtor lacks standing to recover a preference under 11 U.S.C. § 522(h) and (i); and second, that the initial closing of the bankruptcy case…
2Cases cited5 opinions
- Gross v. Petty (In Re Petty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Decker v. Voisenat (In Re Serrato)United States Bankruptcy Court, N.D. California · 1997
- In Re StankeUnited States Bankruptcy Court, W.D. Missouri · 1984
- Riddervold v. Saratoga HospitalCourt of Appeals for the Second Circuit · 1981
- Arway v. Mt. St. Mary's Hospital (In Re Arway)United States Bankruptcy Court, W.D. New York · 1998
3Cited by6 opinions
- In Re HigginsUnited States Bankruptcy Court, S.D. New York · 2001
- Price v. Manufacturers & Traders Trust Co. (In Re Price)United States Bankruptcy Court, W.D. New York · 2001
- In Re PriceUnited States Bankruptcy Court, W.D. New York · 2002
- Kevin F. v. Erickson (In re Kevin F.)United States Bankruptcy Court, S.D. New York · 2001
- Marcus v. Nathan Segal and Co., Inc.United States Bankruptcy Court, D. New Mexico · 2020
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