Legal Opinion

Dayoga v. Steamfitters' Industry Pension Fund (In re Smith)

United States Bankruptcy Court, E.D. New York

Decided January 24, 1997No. Bankruptcy No. 193-10509-260; Adv. No. 194-1400-260PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR LEAVE NUNC PRO TUNC TO FILE AND SERVE SECOND AMENDED COMPLAINT

CONRAD B. DUBERSTEIN, Chief Judge.

This matter comes before the Court as an adversary proceeding brought by the Chapter 7 Trustee (hereinafter referred to as “Plaintiff” or “Trustee”) of the estate of Robert B. Smith (“Debtor”) to recover a preferential transfer or set aside a fraudulent conveyance within the meaning of sections 547 and 548 of the Bankruptcy Code (“Code”) respectively. The Plaintiff seeks leave of the Court nunc pro tunc for an order, pursuant to Federal Rule of…

2Cases cited12 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Fed. Sec. L. Rep. P 98,005 State Teachers Retirement Board v. Fluor Corporation and Manufacturers Hanover Trust Company, DefendantsCourt of Appeals for the Second Circuit · 1981
  3. Richardson Greenshields Securities, Inc. v. Mui-Hin Lau, Ho Sih Fong, Kau-Ying Lau, Ying Lup Lau, and Wai Yau ChiCourt of Appeals for the Second Circuit · 1987
  4. Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
  5. Fariello v. CampbellDistrict Court, E.D. New York · 1994

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3Cited by2 opinions

  1. Pummill v. Greensfelder, Hemker & Gale (In Re Richards & Conover Steel, Co.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  2. Robert A. Pummill v. Greensfelder, HemkerUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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