Legal Opinion

In Re Emergency Beacon Corp.

District Court, S.D. New York

Decided April 16, 1985No. Bankruptcy 76 B 356, 77 B 980PublishedCited by 11 opinions

1Opinion of the Court

DECISION ON OBJECTION TO CLAIM

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The erstwhile trustee in possession of a confirmed Chapter XI debtor, Emergency Beacon Corp., has objected to the single largest unsubordinated unsecured claim filed against the estate by Monteo, Inc. (now known as Montmartco and hereinafter referred to as Monteo) in the amount of $217,363.75. 1 The trustee objects to the claim on the factual allegations that the debtor did not receive $80,000 of loan proceeds which form the basis of Montco’s claim and that certain collateral was taken from Emergency Beacon without a proper…

2Cases cited70 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  4. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  5. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962

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3Cited by11 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-State of New YorkDistrict Court, S.D. New York · 2010
  2. IFG Leasing Co. v. GordonUtah Supreme Court · 1989
  3. CEPA Consulting, Ltd. v. New York National Bank (In Re Wedtech Corp.)District Court, S.D. New York · 1995
  4. Northern Shipping Funds I, L.L.C. v. Icon Capital Corp.District Court, S.D. New York · 2014
  5. In The Matter Of Chicago, Milwaukee, St. Paul And Pacific Railroad Co., DebtorCourt of Appeals for the Seventh Circuit · 1988

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