Legal Opinion
In Re Integrated Health Services, Inc.
United States Bankruptcy Court, D. Delaware
Decided March 13, 2001No. 19-10436PublishedCited by 6 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the motion of South-Trust Bank, N.A. (“SouthTrust”) for relief from the automatic stay or for adequate protection payments. Alternatively, SouthTrust seeks a determination that it is entitled to payment of rent under an assignment of leases pursuant to section 365(d)(3). We find that SouthTrust is an undersecured creditor and that the collateral is not depreciating. We therefore conclude that SouthTrust is not entitled to relief from the stay. We find, however, that the leases are not a financing arrangement. Therefore, SouthTrust…
2Cases cited16 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- International Trade Administration, and Home & City Savings Bank, Home & City Savings Bank v. Rensselaer Polytechnic InstituteCourt of Appeals for the Second Circuit · 1991
- In Re Moreggia & Sons, Inc. City of San Francisco Market Corporation v. Edward M. Walsh, Trustee American Poultry Company, CreditorCourt of Appeals for the Ninth Circuit · 1988
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3Cited by6 opinions
- PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)United States Bankruptcy Court, S.D. New York · 2001
- In re Las Vegas Monorail Co.United States Bankruptcy Court, D. Nevada · 2010
- Pummill v. McGivern (In Re American Eagle Coatings, Inc.)United States Bankruptcy Court, W.D. Missouri · 2006
- In Re Fleming Companies, Inc.District Court, D. Delaware · 2004
- In Re Anchorage Sportsplex, Inc.United States Bankruptcy Court, D. Alaska · 2010
1 more not listed; retrieve them via the Exa API.