Legal Opinion
Zimmerman v. Central Penn National Bank (In Re Ludwig Honold Manufacturing Co.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 1, 1985No. 19-10371PublishedCited by 23 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge.
The issue before us in the case at bench is whether we should grant a creditor’s motion to dismiss a complaint in which the trustee seeks subordination and the avoidance of a preference. For the reasons expressed below, we will grant the motion and dismiss the complaint.
The facts of this case are as follows: 1 An involuntary petition for relief under chapter 11 of the Bankruptcy Code (“the Code”) was filed against the debtor on November 9, 1981, on which an order for relief was entered one month later. A trustee was promptly appointed.
As of the filing of…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Pepper v. LittonSupreme Court of the United States · 1939
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Properties, Inc.Court of Appeals for the Eleventh Circuit · 1986
- In Re Future Energy Corp.United States Bankruptcy Court, S.D. Ohio · 1988
- Badger Freightways, Inc. v. Continental Illinois National Bank & Trust Co. of Chicago (In Re Badger Freightways, Inc.)United States Bankruptcy Court, N.D. Illinois · 1989
- In Re Monroe Well Service, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Waslow v. MNC Commercial Corp. (In Re M. Paolella & Sons, Inc.)District Court, E.D. Pennsylvania · 1993
18 more not listed; retrieve them via the Exa API.