Legal Opinion
Nantucket Investors II v. California Federal Bank (In re Indian Palms Associates, Ltd.)
Court of Appeals for the Third Circuit
Decided July 25, 1995No. 94-5265PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Creditor California Federal Bank (“CalFed”), holder of a first mortgage against the debtor partnership’s primary asset (“the property”), seeks relief from the automatic stay in a Chapter 11 bankruptcy proceeding in order to initiate foreclosure proceedings.1 Nantucket Investors II (“Nantucket Investors”), who holds a second mortgage against the property, opposes the lifting of the stay.
The bankruptcy court granted CalFed relief from the stay under 11 U.S.C. § 362(d)(1), finding that CalFed’s interest in the property was not being adequately…
2Cases cited34 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Andrews v. Bechtel Power Corp.Court of Appeals for the First Circuit · 1985
- In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
- In Re Eli Kenneth Mellor and Lisa Mellor, Debtors. Raymond G. Pistole and Raymond R. Bragg v. Eli Kenneth Mellor and Lisa MellorCourt of Appeals for the Ninth Circuit · 1984
29 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
- Brown Bark I L.P. v. Ebersole (In Re Ebersole)United States Bankruptcy Court, W.D. Virginia · 2010
- In Re Indian Palms Associates, Ltd.Court of Appeals for the Third Circuit · 1995
- Miller v. Advantage Credit Counseling Service (In Re Miller)United States Bankruptcy Court, W.D. Pennsylvania · 2006
- Calabria v. CIT Consumer Group (In Re Calabria)United States Bankruptcy Court, W.D. Pennsylvania · 2009
5 more not listed; retrieve them via the Exa API.