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Legal Opinion

In Re Leibowitz

United States Bankruptcy Court, S.D. New York

Decided November 20, 1992No. 19-10524PublishedCited by 9 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor in this Chapter 13 case counters the movant’s relief from a stay motion with an application for a “strip-down” to deprive the movant of its secured status as a mechanic’s lienor and relegate it to an unsecured elaimholder not entitled to relief from the automatic stay.

FINDINGS OF FACT

1. In August of 1990, the movant, Emigrant General Contracting Corp., gutted and rehabilitated the debtor’s residence in Yonkers, New York, and obtained and filed a mechanic’s lien against the premises on October 15, 1990, when the debtor failed to pay for the…

2Cases cited6 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  3. In Re BellamyCourt of Appeals for the Second Circuit · 1992
  4. In Re Pioneer Commercial Funding Corp.United States Bankruptcy Court, S.D. New York · 1990
  5. Sonnax Industries, Inc. v. Tri Component Products, Corp. (In Re Sonnax Industries, Inc.)District Court, D. Vermont · 1989

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

3Cited by9 opinions

  1. In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
  2. G & B Aircraft Management v. Smoot (In Re Utah Aircraft Alliance)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
  3. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2013
  4. In Re MJ & K. Co., Inc.United States Bankruptcy Court, S.D. New York · 1993
  5. In Re Swizzlestick, L.L.C.United States Bankruptcy Court, W.D. Missouri · 2000

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

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