Legal Opinion

Thames River Associates Ltd. Partnership v. Security Windows, Inc. (In re Thames River Associates Ltd. Partnership)

United States Bankruptcy Court, D. Connecticut

Decided October 12, 1993No. Bankruptcy No. 2-92-25020; Adv. No. 2-93-2066Published

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

The plaintiff-debtor in possession seeks in this proceeding to recover from the defendant-judgment creditor monies the defendant received prepetition after a levy upon a bank account maintained by the plaintiff. The plaintiff contends the bank account contained only security deposits re*670ceived from the plaintiffs tenants, the segregation of which is mandated by Connecticut statutory law. The defendant argues that even if there were a wrongful levy, the plaintiff’s sole recourse is…

2Cases cited6 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Century Brass Products, Inc. v. Millard Metals Service Center, Inc. (In Re Century Brass Products, Inc.)United States Bankruptcy Court, D. Connecticut · 1986
  3. Burchett v. RoncariSupreme Court of Connecticut · 1980
  4. Arc Investment Co. v. TiffithCalifornia Court of Appeal · 1958
  5. Executive Sportsman Ass'n v. Southwest Bank & Trust Co.Court of Appeals of Texas · 1968

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