Legal Opinion

Broad Street Associates v. United Companies Life Insurance (In Re Broad Street Associates)

United States Bankruptcy Court, E.D. Virginia

Decided August 10, 1993No. 19-30450PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Debtor plaintiff Broad Street Associates has brought this adversary proceeding pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Debtor seeks to avoid as an insider preference under § 547 the fixing of liens obtained by defendant creditor United Companies Life Insurance Company (“United”) against debt- or’s real and personal property. Under § 550(a)(1), debtor further seeks to recover any payment received by United in satisfaction of its liens.

United has filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and Fed. R.Bankr.P. 7012…

2Cases cited20 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
  3. Rogin v. Bensalem TownshipCourt of Appeals for the Third Circuit · 1980
  4. 21 Collier bankr.cas.2d 1405, Bankr. L. Rep. P 73,090 in Re Robinson Brothers Drilling, Inc., and Robinson Brothers Drilling Company, Debtors. Manufacturers Hanover Leasing Corp. Halliburton Company Gray Tool Company and Ponder Fishing Tools, Inc. v. Harold G. Lowrey, Chapter 11 Trustee, for the Estate of the DebtorsCourt of Appeals for the Tenth Circuit · 1990
  5. In Re C-L Cartage Co., Inc.Court of Appeals for the Sixth Circuit · 1990

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3Cited by1 opinion

  1. In Re Best Products Co., Inc.United States Bankruptcy Court, E.D. Virginia · 1997

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