Legal Opinion

Shugrue v. Chemical Bank, Inc. (In Re Ionosphere Clubs, Inc.)

United States Bankruptcy Court, S.D. New York

Decided January 26, 1995No. 19-10040PublishedCited by 6 opinions

1Opinion of the Court

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

BURTON R. LIFLAND, Chief Judge.

INTRODUCTION

Martin R. Shugrue, Jr. (the “Trustee”), as Trustee of the estate of Eastern Air Lines, Inc. (“Eastern”) moves this Court for partial summary judgment ordering the turnover of approximately $1.8 million held by Chemical Bank, Inc. (“Chemical”). Chemical contends that it either has already exercised setoff rights with respect to these funds or should now be allowed to exercise such rights. As will be discussed, this case provides another reminder that the ability to…

2Cases cited44 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
  5. Nation-Wide Check Corporation, Inc. v. Forest Hills Distributors, Inc., Nation-Wide Check Corporation, Inc. v. Forest Hills Distributors, Inc.Court of Appeals for the First Circuit · 1982

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3Cited by6 opinions

  1. In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
  2. Leonard v. Optimal Payments Ltd. (In Re National Audit Defense Network)United States Bankruptcy Court, D. Nevada · 2005
  3. In Re TrecoUnited States Bankruptcy Court, S.D. New York · 1999
  4. D'Alessio v. Internal Revenue Service (In Re D'Alessio)United States Bankruptcy Court, S.D. New York · 1995
  5. Bank of America, N.A. v. Lehman Bros. Holdings Inc. (In Re Lehman Bros. Holding Inc.)United States Bankruptcy Court, S.D. New York · 2010

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