Legal Opinion
Balaber-Strauss v. Marine Midland Bank, N.A. (In Re Marceca)
United States Bankruptcy Court, S.D. New York
Decided July 25, 1991No. 18-01855PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF COUNTERCLAIM
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The trustee in bankruptcy in this Chapter 7 case has moved to dismiss the counterclaim of defendant, Marine Midland Bank (N.A.) (“Marine”), as legally insufficient pursuant to Fed.R.Civ.P. 12(b)(6). Marine’s counterclaim to the trustee’s adversary action to set aside an alleged preferential transfer asserts that Marine obtained a judicial lien when it delivered an execution to the Sheriff of New York County on May 4, 1990 with respect to its $559,525.16 state court judgment against the…
2Cases cited4 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Young v. Scandore Paper Box Corp. (In Re Lucasa International, Ltd.)United States Bankruptcy Court, S.D. New York · 1981
- Barr v. National Aircraft Services, Inc. (In Re Cosmopolitan Aviation Corp.)United States Bankruptcy Court, E.D. New York · 1983
- Syed Industries Corp. v. Cohen (In Re Syed Industries Corp.)United States Bankruptcy Court, E.D. New York · 1986
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