Legal Opinion

In Re Cambria Clover Mercantile Co., Inc.

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 23, 1985No. 19-11018PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

In this case, the debtor-in-possession has moved for a court order directing the dis bursement of funds, which were acquired by the debtor after the bankruptcy was commenced through § 547 preference actions. Both the secured creditor and the Committee of Unsecured Creditors claim the funds. For the reasons stated herein, we find that non-bankruptcy, state law may be applied to resolve this dispute. Therefore, we will direct the parties to prepare for an evidentiary hearing on the issue of whether the preference monies are subject to the security…

2Cases cited1 opinion

  1. Howarth v. Universal CIT Credit CorporationDistrict Court, W.D. Pennsylvania · 1962

3Cited by6 opinions

  1. In Re Tek-Aids Industries, Inc.United States Bankruptcy Court, N.D. Illinois · 1992
  2. In Re FigearoUnited States Bankruptcy Court, D. Nevada · 1987
  3. Official Unsecured Creditors' Committee v. Northern Trust Co. (In Re Ellingsen MacLean Oil Co.)United States Bankruptcy Court, W.D. Michigan · 1989
  4. Lease-A-Fleet, Inc. v. University Cadillac, Inc. (In Re Lease-A-Fleet, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  5. ITT Commercial Finance Corp. v. Cullen (In Re Antinarelli Enterprises, Inc.)United States Bankruptcy Court, D. Massachusetts · 1988

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