Legal Opinion
In re Berry Estates, Inc.
District Court, S.D. New York
Decided June 4, 1985No. 83 B 20284PublishedCited by 2 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The State of New York, Division of Housing and Community Renewal (the “State”) has moved for an order allowing its claim in the amount of $324,446.67, plus interest as a valid claim against the debt- or’s estate. The debtor has countered by objecting to the State’s claim on the ground that there is no authority to support the claim because the State is not a creditor and that only tenants and former tenants of the debtor may properly assert any claim to the funds in question. The dispute involves funds collected by the debtor as a landlord from its…
2Cases cited8 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- In Re Altair Airlines, Inc. Appeal of Air Line Pilots Association, InternationalCourt of Appeals for the Third Circuit · 1984
- In Re William Anthony Cannon, Jane Cannon, Debtors. State of Missouri, Ex Rel., John D. Ashcroft, Attorney General v. William Anthony CannonCourt of Appeals for the Eighth Circuit · 1984
- In Re Thompson's Estate. Appeal of McGrathCourt of Appeals for the Third Circuit · 1951
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3Cited by2 opinions
- Bankr. L. Rep. P 71,659 in Re Berry Estates, Inc., D/B/A Blueberry Hill Management Corp., Debtor. Berry Estates, Inc. v. State of New York, Hon. Edward Regan, Comptroller of the State of New York, State Capitol v. Berry Estates, Inc.Court of Appeals for the Second Circuit · 1987
- Berry Estates, Inc. v. New YorkCourt of Appeals for the Second Circuit · 1987