Legal Opinion
Buchwald v. Di Lido Beach Resort, Ltd. (In Re McCann, Inc.)
United States Bankruptcy Court, S.D. New York
Decided December 28, 2004No. 18-36964PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS
STUART M. BERNSTEIN, Chief Judge.
The chapter 11 trustee of McCann, Inc. brought this adversary proceeding primarily to recover a series of transfers aggregating slightly more that $1.9 million. He relied on two theories: (1) the debtor transferred its own property that he can recover for the benefit of the estate, and (2) the debtor transferred statutory trust funds that he can recover under New York law for the benefit of the trust beneficiaries.
Several defendants moved to dismiss. They argued, in the main, that the…
2Cases cited38 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Caminetti v. United StatesSupreme Court of the United States · 1917
33 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Savage & Associates, P.C. Ex Rel. Teligent, Inc. v. MandlUnited States Bankruptcy Court, S.D. New York · 2008
- In Re Dreier LLPUnited States Bankruptcy Court, S.D. New York · 2010
- Kramer Ex Rel. Estate of Singh v. Sooklall (In Re Singh)United States Bankruptcy Court, E.D. New York · 2010
- Savage & Associates, P.C. v. Mandl (In Re Teligent, Inc.)United States Bankruptcy Court, S.D. New York · 2005
- In Re Idi Const. Co., Inc.United States Bankruptcy Court, S.D. New York · 2006
2 more not listed; retrieve them via the Exa API.