Legal Opinion

In Re Coronet Capital Co.

United States Bankruptcy Court, S.D. New York

Decided June 11, 1992No. 19-35312PublishedCited by 16 opinions

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

  1. 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
  2. 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
  3. 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
  4. In Re Columbia Pacific Mortgage, Inc.United States Bankruptcy Court, W.D. Washington · 1981
  5. In Re Yale Express System, Inc.District Court, S.D. New York · 1965

3Cited by16 opinions

  1. Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
  2. Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999
  3. European American Bank v. Sackman Mortgage Corp. (In Re Sackman Mortgage Corp.)United States Bankruptcy Court, S.D. New York · 1993
  4. In Re Okura & Co. (America), Inc.United States Bankruptcy Court, S.D. New York · 2000
  5. In Re Churchill Mortgage Investment Corp.United States Bankruptcy Court, S.D. New York · 1999

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