Legal Opinion

DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)

United States Bankruptcy Court, E.D. New York

Decided October 16, 1985No. 1-19-40903PublishedCited by 76 opinions

1Opinion of the Court

DECISION & ORDER

C. ALBERT PARENTE, Bankruptcy Judge.

On December 10, 1984, the trustee commenced an action to avoid an alleged preferential transfer made by F & S Central Manufacturing Corp. (the “debtor”) to Buil-dex Incorporated (the defendant). The defendant and the trustee each subsequently moved for summary judgment. A hearing on their motions was held on May 9, 1985. From the parties’ papers and the hearing, the following facts have been adduced.

FACTS

The debtor, a corporation, was a wholly owned subsidiary of the defendant until June, 1982 when the defendant sold the debtor to the…

2Cases cited29 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  3. Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
  4. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  5. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984

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3Cited by76 opinions

  1. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  2. In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  3. 17 Collier bankr.cas.2d 550, Bankr. L. Rep. P 71,951 in Re James Ross Hartley & Sharon Lee Hartley, D/B/A Hartley Trucking, Debtors. Suzanne Cotner Mandross, Successor-Trustee v. Peoples Banking CompanyCourt of Appeals for the Sixth Circuit · 1987
  4. Pan Am Corp. v. Delta Air Lines, Inc.District Court, S.D. New York · 1994
  5. 9281 Shore Road Owners Corp. v. Seminole Realty Co. (In Re 9281 Shore Road Owners Corp.)District Court, E.D. New York · 1995

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