Legal Opinion

Gazes v. DeArakie (In Re DeArakie)

United States Bankruptcy Court, S.D. New York

Decided August 22, 1996No. 18-13984PublishedCited by 12 opinions

1Opinion of the Court

DECISION

TINA L. BROZMAN, Chief Judge.

Steven D. DeArakie moves pursuant to section 105 for an order enjoining the trustee of his estate from selling DeArakie’s New York apartment, which he was awarded (subject to a claim of his former wife) pursuant to a judgment of divorce entered after DeArak-ie had filed a bankruptcy petition. DeArakie has appealed that judgment but, instead of seeking a stay from the state court, has asked that I prohibit a sale until his pending appeal is adjudicated. Alternatively, DeArakie asks that I grant him the New York apartment in lieu of the exemption he claimed…

2Cases cited29 opinions

  1. Katchen v. LandySupreme Court of the United States · 1966
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
  4. Earl Lee and David Abramson v. Richard Burkhart and Patrick Sullivan, Connecticut General Life Insurance CompanyCourt of Appeals for the Second Circuit · 1993
  5. Morgan v. Railroad Co.Supreme Court of the United States · 1878

24 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re BrownUnited States Bankruptcy Court, M.D. Florida · 1998
  2. In Re CollierUnited States Bankruptcy Court, D. Massachusetts · 2004
  3. In Re KuhnUnited States Bankruptcy Court, N.D. Indiana · 2005
  4. In Re BaceUnited States Bankruptcy Court, S.D. New York · 2007
  5. In Re HurdleDistrict Court, D. California · 1999

7 more not listed; retrieve them via the Exa API.

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