Legal Opinion

In Re Dune Deck Owners Corp.

United States Bankruptcy Court, S.D. New York

Decided January 5, 1995No. 19-35181PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DECISION OVERRULING OBJECTIONS TO THE DEBTOR’S DISCLOSURE STATEMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

The ostensible matter before the Court— approval of the Debtor’s disclosure statement — masks the real issue: should the Court designate a secured creditor’s vote based on claims purchased during the Chapter 11 case for the avowed purpose of defeating confirmation? KHD Acquisition Corp. (“KHD”) holds an approximate $3 million claim secured by a mortgage on the Debtor’s property, and opposes the plan. 1 After the Debtor filed its present plan (the “Second Plan”) and disclosure…

2Cases cited14 opinions

  1. Young v. Higbee Co.Supreme Court of the United States · 1945
  2. In Re Allegheny International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1990
  3. In Re Landing Associates, Ltd.United States Bankruptcy Court, W.D. Texas · 1993
  4. In Re 500 Fifth Avenue AssociatesUnited States Bankruptcy Court, S.D. New York · 1993
  5. In Re Pine Hill Collieries Co.District Court, E.D. Pennsylvania · 1942

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

3Cited by12 opinions

  1. DISH Network Corp. v. DBSD North America, Inc.Court of Appeals for the Second Circuit · 2011
  2. In Re Quigley Co., Inc.United States Bankruptcy Court, S.D. New York · 2010
  3. In re Indianapolis Downs, LLCUnited States Bankruptcy Court, D. Delaware · 2013
  4. In Re Cajun Electric Power Cooperative, Inc.United States Bankruptcy Court, M.D. Louisiana · 1999
  5. In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2006

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

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