Legal Opinion
Caris Supermarket, Inc. v. Fratello (In re Caris Supermarket, Inc.)
District Court, E.D. New York
Decided April 8, 1983No. Bankruptcy No. 882-82577-20; Adv. Nos. 882-0728-20, 882-0764-20PublishedCited by 1 opinion
1Opinion of the Court
ROBERT JOHN HALL, Bankruptcy Judge.
The Court has before it the motion of Caris Supermarket, Inc. (the debtor) for summary judgment avoiding the alleged security interest of Geraldine Fratello and the concommittant dismissal of Ms. Fratello’s complaint to vacate the Section 362 stay.1 Because of their interrelationship, the motions were consolidated.
The facts are not in dispute. On or about December 1, 1980 Ms. Fratello sold all of the outstanding stock of the debtor to Wo-odcal Corp. in consideration of approximately $340,000.00 in notes executed by the debtor and secured by a purported…
2Cases cited8 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
- In Re Columbia Ribbon Co.Court of Appeals for the Third Circuit · 1941
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3Cited by1 opinion
- Boatmen's Bank of Benton v. Wiggs (In Re Wiggs)United States Bankruptcy Court, S.D. Illinois · 1988