Legal Opinion

In Re 495 Central Park Avenue Corp.

United States Bankruptcy Court, S.D. New York

Decided February 4, 1992No. 18-37018PublishedCited by 27 opinions

1Opinion of the Court

DECISION ON APPLICATION FOR AN ORDER AUTHORIZING SENIOR SECURED CREDIT UNDER SECTION 364(d)

HOWARD SCHWARTZBERG, Bankruptcy Judge.

495 Central Avenue Corp. (“495 Central Avenue”), the debtor in this Chapter 11 case, has moved pursuant to 11 U.S.C. § 364(d) for an order authorizing it to borrow funds from either Leon Silverman (“Silverman”) and Tom Borek (“Borek”), shareholders of the debtor, or from third-party lenders supported by the personal guaranties of Silverman and Borek and permitting the lender to obtain a security interest senior to all existing security interests. John Hancock Mutual…

2Cases cited7 opinions

  1. In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992
  2. Bankr. L. Rep. P 71,146 in Re Snowshoe Company, Inc., Debtor. (Three Cases). Michael L. Bray, Trustee v. Shenandoah Federal Savings and Loan Association, and Ingersoll-Rand Financial Credit Corporation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond, Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc., (Two Cases). Michael L. Bray, Trustee v. Ingersoll-Rand Financial Credit Corporation, and Shenandoah Federal Savings and Loan Assocation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc.Court of Appeals for the Fourth Circuit · 1986
  3. In Re Beker Industries Corp.United States Bankruptcy Court, S.D. New York · 1986
  4. Penn Mutual Life Insurance v. Woodscape Ltd. Partnership (In Re Woodscape Ltd. Partnership)United States Bankruptcy Court, D. Maryland · 1991
  5. Phoenix Mutual Life Insurance v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1991

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3Cited by27 opinions

  1. Clyde Bergemann, Inc. v. Babcock & Wilcox Co. (In re Babcock & Wilcox Co.)Court of Appeals for the Fifth Circuit · 2001
  2. Resolution Trust Corp. v. Swedeland Development Group, Inc. (In re Swedeland Development Group, Inc.)Court of Appeals for the Third Circuit · 1994
  3. In Re MoselloUnited States Bankruptcy Court, S.D. New York · 1996
  4. In Re Yl West 87th Holdings I LLCUnited States Bankruptcy Court, S.D. New York · 2010
  5. Suntrust Bank v. DEN-MARK CONSTRUCTION, INC.District Court, E.D. North Carolina · 2009

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