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Legal Opinion

Matter of Valley Fair Corp.

United States Bankruptcy Court, S.D. New York

Decided June 6, 1980No. 19-10664PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ROY BABITT, Bankruptcy Judge:

The issue in this dispute between the debtor and a creditor is whether the period of time fixed by the court in an order for the filing of a claim by that creditor is no less a statute of inexorable limitation than is an act of Congress or a rule promulgated under 28 U.S.C. § 2075. For the reasons which follow, the court concludes that its order is a statute of limitations, peremptory and mandatory, with the result that the creditor’s motion for an order sustaining its claim against the debtor’s assets must be denied.

The facts are these: Valley Fair…

2Cases cited7 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  3. Federal's, Inc. v. Edmonton Investment Co.Court of Appeals for the Sixth Circuit · 1977
  4. In the Matter of Miracle Mart, Inc., DebtorCourt of Appeals for the Second Circuit · 1968
  5. In re Arnco Auto Supply Co.District Court, D. Massachusetts · 1969

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

3Cited by16 opinions

  1. Hassett v. Weissman (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  2. In Re Gem Rail Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1981
  3. In Re Oakton Beach & Tennis Club Real Estate Ltd. PartnershipUnited States Bankruptcy Court, E.D. Wisconsin · 1981
  4. In Re Dock of the Bay, Inc.United States Bankruptcy Court, E.D. New York · 1982
  5. In Re TuckerUnited States Bankruptcy Court, N.D. Illinois · 1994

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

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