Legal Opinion

Official Committee of Unsecured Creditors for Dairy Stores, Inc. v. United States Department of Labor, Wage & Hour Division (In re Dairy Stores, Inc.)

United States Bankruptcy Court, D. New Jersey

Decided December 4, 1992No. Bankruptcy No. 90-34085; Adv. No. 92-3002PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WILLIAM H. GINDIN, Chief Judge.

PROCEDURAL BACKGROUND

The Chapter 11 Official Committee of Unsecured Creditors (hereinafter “committee”) commenced the within adversary proceeding seeking to avoid certain payments made by debtor to the United States Department of Labor (hereinafter “Department”) as preferential transfers, in violation of 11 U.S.C. § 547. The committee filed a motion for summary judgment in accordance with F.R.B.P. 7056. The Department filed a cross-motion to dismiss and for summary judgment on grounds that the payments made were not “to or for the benefit” of the United…

2Cases cited6 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Patricia A. Hollinger, Administratrix of the Estate of Germaine S. Hollinger, Deceased v. Wagner Mining Equipment Company, a Division of Paccar, IncCourt of Appeals for the Third Circuit · 1982
  3. Gropper v. Unitrac, S.A. (In Re Fabric Buys of Jericho, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  4. Salomon v. Nedlloyd, Inc. (In Re Black & Geddes, Inc.)United States Bankruptcy Court, S.D. New York · 1986
  5. Fonda Group, Inc. v. Marcus Travel (In Re Fonda Group, Inc.)United States Bankruptcy Court, D. New Jersey · 1989

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3Cited by6 opinions

  1. Argus Management Group v. Gab Robins, Inc. (In Re CVEO Corp.)United States Bankruptcy Court, D. Delaware · 2005
  2. Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Services, Inc. (In Re 360NETWORKS (USA) INC.)United States Bankruptcy Court, S.D. New York · 2005
  3. Golden v. Guardian (In Re Lenox Healthcare, Inc.)United States Bankruptcy Court, D. Delaware · 2006
  4. In Re Maxwell Newspapers, Inc.United States Bankruptcy Court, S.D. New York · 1993
  5. Official Committee of Unsecured Creditors v. Guardian Insurance 401 (In Re Parcel Consultants, Inc.)United States Bankruptcy Court, D. New Jersey · 2002

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