Legal Opinion
Montello Oil Corp. v. Marin Motor Oil, Inc.
Court of Appeals for the Third Circuit
Decided July 24, 1984No. 83-5500PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This case presents several difficult questions involving the interpretation of section 546(c) of the Bankruptcy Code, 11 U.S.C. § 546(c). Section 546(c) adopts the “seller’s right of reclamation” created by section 2-702 of the Uniform Commercial Code, which enables a seller to reclaim its goods “upon demand made within ten days after receipt” of the goods by the buyer. Section 546(c) allows the seller to exercise this right after the buyer has filed a bankruptcy petition, but requires that the demand be made in writing.
Montello Oil Corporation…
2Cases cited4 opinions
- Jerome v. United StatesSupreme Court of the United States · 1943
- In Re Helms Veneer CorporationDistrict Court, W.D. Virginia · 1968
- Ceres Inc. v. ACLI Metal & Ore Co.District Court, N.D. Illinois · 1978
- Montello Oil Corp. v. Marin Motor Oil, Inc.District Court, D. New Jersey · 1983
3Cited by3 opinions
- Matter of Marin Motor Oil, Inc.Court of Appeals for the Third Circuit · 1984
- Conoco, Inc. v. Braniff, Inc. (In Re Braniff, Inc.)United States Bankruptcy Court, M.D. Florida · 1990
- In Re Momenta, Inc.United States Bankruptcy Court, D. New Hampshire · 2011