Legal Opinion

Indian Motocycle Associates, Inc. v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)

District Court, S.D. New York

Decided July 13, 1993No. 90 Civ. 6954(MP), Bankruptcy 90 B 10421(FGC) and 93 Civ. 2747(MP)PublishedCited by 29 opinions

1Opinion of the Court

OPINION

MILTON POLLACK, Senior District Judge:

Appellant Indian Motocycle Associates, Inc. (“IMA”) appeals from the denial of leave to file a claim after the bar date for filing claims on a guaranty of payment made prior to its bankruptcy by a Debtor in bankruptcy reorganization. The Bankruptcy Court, Francis G. Conrad, B.J., found that the applicant was a known creditor prior to the bankruptcy and had not been sent notice of the bar date. The Court on examination of the claim ascertained that the underlying Agreement which was guaranteed had been materially modified without the guarantor’s…

2Cases cited19 opinions

Menard-Sanford v. A.H. Robins Co.Supreme Court of the United States · 1989
In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986
In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
Committee of Asbestos-Related Litigants and/or Creditors v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1986

14 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

In Re LavigneCourt of Appeals for the Second Circuit · 1997
In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002
Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
In Re Finley, Kumble, Wagner, HeineUnited States Bankruptcy Court, S.D. New York · 1993
In Re Dana Corp.United States Bankruptcy Court, S.D. New York · 2006

24 more not listed; retrieve them via the Exa API.