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Legal Opinion

Monzack v. ADB Investors (In Re EMB Associates, Inc.)

United States Bankruptcy Court, D. Rhode Island

Decided October 21, 1988No. Bankruptcy Nos. 8200568, 8200569, Adv. No. 820405PublishedCited by 14 opinions

1Opinion of the Court

DECISION

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

After years of posturing, this 1982 litigation was finally heard on April 18, 19, 28, and May 17, 1988, on the Trustee’s complaint to recover, as a preferential transfer and as a fraudulent conveyance, property of Max Sugarman Funeral Home, Inc., to ADB Investors 1 (hereinafter “ADB”), and for “other appropriate relief.” This additional relief, as it was jointly addressed by the parties at the hearing, has emerged as a request for equitable subordination of ADB’s claim to the unsecured claims of the debenture holders of the debtors, EMB…

2Cases cited12 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. 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
  3. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  4. 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
  5. In Re Properties, Inc.Court of Appeals for the Eleventh Circuit · 1986

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  2. 24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. InvestorsCourt of Appeals for the First Circuit · 1991
  3. In Re FriedmanUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  4. Pan Am Corp. v. Delta Air Lines, Inc.District Court, S.D. New York · 1994
  5. Badger Freightways, Inc. v. Continental Illinois National Bank & Trust Co. of Chicago (In Re Badger Freightways, Inc.)United States Bankruptcy Court, N.D. Illinois · 1989

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