Legal Opinion

Official Committee of Unsecured Creditors v. PSS Steamship Co. (In Re Prudential Lines, Inc.)

United States Bankruptcy Court, S.D. New York

Decided December 4, 1989No. 19-35252PublishedCited by 26 opinions

1Opinion of the Court

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The instant motion for a preliminary injunction presents the legal issue of whether a debtor’s potential ability to carry over pre-bankruptcy net operating losses is protected by the automatic stay from the claiming of a worthless stock deduction by its parent.

Plaintiffs, the Official Committee of Unsecured Creditors (the “Creditors’ Committee”) and Cold Spring Shipping, L.P. (“Cold Spring”), seek a preliminary injunction barring defendant PSS Steamship Company, Inc. (“PSS”) from claiming a worthless stock deduction for its stock in Prudential Lines,…

2Cases cited26 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  4. Bob Jones University v. SimonSupreme Court of the United States · 1974
  5. Segal v. RochelleSupreme Court of the United States · 1966

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

3Cited by26 opinions

  1. In Re Prudential Lines Inc.Court of Appeals for the Second Circuit · 1991
  2. Nisselson v. Drew Industries, Inc. (In Re White Metal Rolling & Stamping Corp.)United States Bankruptcy Court, S.D. New York · 1998
  3. Kunica v. St. Jean Financial, Inc.District Court, S.D. New York · 1999
  4. JPMorgan Chase Bank, N.A. v. Charter Communications Operating, LLC (In Re Charter Communications)United States Bankruptcy Court, S.D. New York · 2009
  5. In Re Herbert E. Russell. William Russell Gibson and F.H. Martin, Co-Trustees of the Estate of Herbert E. Russell v. United StatesCourt of Appeals for the Eighth Circuit · 1991

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

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