Legal Opinion
Heilbronner v. Community Savings Bank (In Re Shea)
United States Bankruptcy Court, W.D. New York
Decided December 11, 1981No. 1-17-10220PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND DECISION
EDWARD D. HAYES, Bankruptcy Judge.
The trustee in this matter has commenced an action against the defendant bank to set aside a preference under 11 U.S.C. § 547. The defendant bank, hereinafter referred to as “Community”, raised a question of the trustee’s standing to bring the action because of the delay in commencing the action. The facts which were stipulated are set forth below.
Kathleen Shea, debtor herein, filed her Chapter 7 petition on September 16, 1980. The debtor’s residence located at 135 Seneca Road, Rochester was listed on her schedule of assets. Although…
2Cases cited3 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Lewith v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- Rumsey Mfg. Corp. v. United States. In Re Rumsey Mfg. CorpCourt of Appeals for the Second Circuit · 1953
3Cited by2 opinions
- In Re MorrisUnited States Bankruptcy Court, W.D. Texas · 1993
- Blonder v. CUMBERLAND ENGINEERINGCalifornia Court of Appeal · 1999