In Re Coronet Capital Co.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM OF DECISION ON RELIEF FROM STAY
FRANCIS G. CONRAD, Bankruptcy Judge. *
JIB’s Motion for Relief from Stay requires 1 us to determine whether an alleged participation agreement is a true participation transaction or a disguised loan. We hold the alleged loan participation agreement is in fact a disguised loan, and relief from stay will be denied.
PROCEDURAL BACKGROUND
Coronet Capital Company (“Coronet” or “Debtor”) is a New York limited partnership that was engaged in the business of mortgage financing and real estate investing. An involuntary Chapter 11 petition was filed against it on…
2Cases cited5 opinions
- In Re: The Woodson Company, Debtor. Fireman's Fund Insurance Companies v. William B. Grover, Trustee, and Official Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1987
- 15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987
- Castle Rock Industrial Bank v. S.O.A.W. Enterprises, Inc. (In Re S.O.A.W. Enterprises, Inc.)United States Bankruptcy Court, W.D. Texas · 1983
- In Re Columbia Pacific Mortgage, Inc.United States Bankruptcy Court, W.D. Washington · 1981
- In Re Yale Express System, Inc.District Court, S.D. New York · 1965
3Cited by16 opinions
- Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
- Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999
- European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)United States Bankruptcy Court, S.D. New York · 1993
- In Re Okura & Co. (America), Inc.United States Bankruptcy Court, S.D. New York · 2000
- In Re Churchill Mortgage Investment Corp.United States Bankruptcy Court, S.D. New York · 1999
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