Legal Opinion
In Re Flanagan Bros., Inc., Debtor
United States Bankruptcy Court, D. New Jersey
Decided March 14, 1985No. 19-11761PublishedCited by 13 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge: 1
The predominant issue presented in the case before us is whether a general contractor, who under applicable law is a surety for all persons furnishing labor and material on a state building project, may set-off its entire debt to the debtor/sub-eontractor against the claim of a material-man who supplied goods to the debtor, rather than set-off only a portion of its debt which equals the amount of a dividend the materialman would receive in the bankruptcy proceeding. The question has arisen under the Declaratory Judgment Statute on the contractor’s…
2Cases cited7 opinions
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- In the Matter of Bel Marin Driwall, Inc., Bert O. Summers, Doing Business as Erbentraut & Summers v. William B. Grover, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1972
- Max M. Hayden, Trustee, Etc. v. Standard Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1963
- Nutz v. Murray-Nutz, Inc.Supreme Court of New Jersey · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In the Matter of Corland Corporation, Debtor. James L. Stephenson, and United Bank, N.A., Cross-Appellees v. Duke Salisbury, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1992
- Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- In Re Davidson Lumber Sales, Inc., Debtor. Zions First National Bank, N.A. v. Christiansen Brothers, Inc., and Jacobsen-Robbins ConstructionCourt of Appeals for the First Circuit · 1995
- Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
- In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2000
8 more not listed; retrieve them via the Exa API.