Legal Opinion
American Cigar Co. v. MNC Commercial Corp. (In Re M. Paolella & Sons, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 11, 1988No. 14-11378PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRUCE I. FOX, Bankruptcy Judge:
Plaintiffs in this adversary proceeding have filed a five count complaint against three defendants, one of whom is the trustee. Two of the defendants, MNC Commercial Corporation and Maryland National Bank have filed a joint motion to dismiss, pursuant to Bankr.Rule 7012(b), raising questions concerning subject matter jurisdiction as well as standing. This motion has been thoroughly briefed and argued and, for the reasons set forth below, must now be denied.
I
In considering this motion to dismiss, plaintiffs’ factual allegations set out in their…
2Cases cited35 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
- In the Matter of American Reserve Corporation, Debtor. Appeal of Clear and Doris Elaine HuddlestonCourt of Appeals for the Seventh Circuit · 1988
- 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
30 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
- N. Parent, Inc. v. Cotter & Co. (In Re N. Parent, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998
- ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)United States Bankruptcy Court, S.D. New York · 1997
- Walnut Associates v. SaidelDistrict Court, E.D. Pennsylvania · 1994
- Pennsylvania Companies, Inc. v. Stone (In Re Greenley Energy Holdings of Pennsylvania, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
16 more not listed; retrieve them via the Exa API.