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Legal Opinion

Russo v. Ciavarella (In Re Ciavarella)

United States Bankruptcy Court, S.D. New York

Decided March 30, 1983No. 19-22327PublishedCited by 40 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The plaintiff, a judgment creditor in this Chapter 13 case, seeks to avoid certain pay- merits made by the debtor to two other creditors on the ground that they are voidable preferences under Code § 547(b), or that they are unauthorized postpetition transfers under Code § 549. The debtor has commenced an independent adversary proceeding to avoid as preferential two judgments obtained against him by the plaintiff one month before the Chapter 13 case was commenced. Alternatively, the debtor seeks to avoid the plaintiff’s judgments pursuant to Code § 522(f)…

2Cases cited20 opinions

  1. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  2. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  3. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  4. Margaret Ann Deans v. Gerald O'donnell, Trustee, in Re Margaret Ann DeansCourt of Appeals for the Fourth Circuit · 1982
  5. In Re Stuart R. And Shiela M. Terry, Debtors, A. L. Tenney, Trustee v. Stuart R. And Shiela M. Terry, DebtorsCourt of Appeals for the Eighth Circuit · 1980

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

3Cited by40 opinions

  1. Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
  2. In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
  3. In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
  4. Freeman v. Eli Lilly Federal Credit Union (In Re Freeman)United States Bankruptcy Court, E.D. Virginia · 1987
  5. Stuart v. Pingree (In Re Afco Development Corp.)United States Bankruptcy Court, D. Utah · 1986

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

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