Legal Opinion
Doyle v. Paolino (In Re Energy Savings Center, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 22, 1985No. 16-18442PublishedCited by 13 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The nub of the factual dispute before us, for purposes of avoidance of a transfer under 11 U.S.C. §§ 547(b) and 548(a) of the Bankruptcy Code (“the Code”), is whether the debtor, rather than one of its principals, was the lessee under a lease of realty when the lease was signed by the principal. For the reasons outlined below, we find that the lease ran between the landlord and the principal and that avoidance of a certain transfer may be based on § 548(a) but not on § 547(b).
We recapitulate the facts of this case as follows: 1 Norman A. Council…
2Cases cited3 opinions
- John C. Richardson v. Walsh Construction Company, Morrison-Knudsen Company, Inc., Henry J. Kaiser Company and Perini CorporationCourt of Appeals for the Third Circuit · 1964
- K-ROM Construction Corp. v. Behling (In Re K-ROM Construction Corp.)District Court, S.D. New York · 1985
- Alloy Metal Wire Works, Inc. v. Associated Screw & Manufacturing Co. (In Re Alloy Metal Wire Works, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1985
3Cited by13 opinions
- In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- Jefferson National Bank v. I.A. Durbin, Inc. (In Re I.A. Durbin, Inc.)District Court, S.D. Florida · 1986
- Marill Alarm Systems, Inc. v. Equity Funding Corp. (In Re Marill Alarm Systems, Inc.)District Court, S.D. Florida · 1987
- Ray v. City Bank & Trust Co. (In Re C-L Cartage Co.)United States Bankruptcy Court, E.D. Tennessee · 1987
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