Legal Opinion
McDonald v. Dabbagh (In Re Perret)
United States Bankruptcy Court, N.D. New York
Decided December 2, 1986No. 19-30103PublishedCited by 5 opinions
1Opinion of the Court
DECISION ON COMPLAINT SEEKING AN ORDER FOR A SHORTFALL CLAIMED DUE UNDER CONFIRMED PLAN
HOWARD SCHWARTZBERG, Bankruptcy Judge, by designation.
The issues in this adversary proceeding arose out of a confirmed Chapter 11 liquidating plan of reorganization which gave the trustee the option, in lieu of a cash payment at distribution, to deliver immediately thoroughbred horses from this estate to a Saudi Arabian resident holding an allowed claim of $500,000. The delivery of the horses was subject to an express condition that in the event of a shortfall in the proposed distribution to the unsecured…
2Cases cited22 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
- Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
- Greene v. HellmanNew York Court of Appeals · 1980
- Ford v. Unity HospitalNew York Court of Appeals · 1973
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3Cited by5 opinions
- McCorhill Publishing, Inc. Ex Rel. Barr v. Greater New York Savings Bank (In Re McCorhill Publishing, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- Lebovits v. Halpern (In re Lehal Realty Associates)District Court, S.D. New York · 1990
- Committee of Unsecured Creditors v. RG Financial, Ltd. (In Re Powerburst Corp.)United States Bankruptcy Court, E.D. California · 1993
- Olympic Coast Investment, Inc. v. Wright (In Re Wright)United States Bankruptcy Court, D. Montana · 2000
- Hudson Holding Associates v. Rifino (In Re Hudson Holding Associates)United States Bankruptcy Court, S.D. New York · 1988