Legal Opinion
Herzog v. Birmingham Fire Insurance (In Re D. H. Overmyer Co.)
United States Bankruptcy Court, S.D. New York
Decided March 31, 1982No. 18-13221PublishedCited by 6 opinions
1Opinion of the Court
OPINION
JOEL LEWITTES, Bankruptcy Judge.
I
The Parties
Robert P. Herzog, as receiver 1 of the consolidated 2 Chapter XI 3 debtors, D. H. Overmyer Co., Inc. (Ohio) et al., has commenced an adversary proceeding against the above captioned defendants to determine the validity and extent of his interest in the proceeds of a check in the amount of $25,698.19 delivered to him by defendant Birmingham Fire Insurance Company (“Birmingham”).
The defendants, who have appeared in this action are as follows: 4(1) The Overmyer Company, Inc. (“TOC”), the parent of the consolidated debtors and a debtor in…
2Cases cited32 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
- Bradkin v. LevertonNew York Court of Appeals · 1970
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Independence Discount Corp. v. BressnerAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by6 opinions
- Branch Banking & Trust Co. of Virginia, Inc. v. Powers (In Re Powers)United States Bankruptcy Court, E.D. Virginia · 1998
- Richmond Metropolitan Hospital v. Hazelwood (In Re Hazelwood)United States Bankruptcy Court, E.D. Virginia · 1984
- In Re Roxrun Estates, Inc.United States Bankruptcy Court, S.D. New York · 1987
- L. Fatato, Inc. v. Miller Brewing Co.District Court, E.D. New York · 1984
- ERTC Express LLC v. Regulus Group LLC and XBP Global Holdings, Inc.District Court, S.D. New York · 2026
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