Legal Opinion

In Re 995 Fifth Avenue Associates, L.P.

United States Bankruptcy Court, S.D. New York

Decided February 16, 1989No. 19-22395PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM DECISION FIXING AMOUNT OF BREAKUP FEE

TINA L. BROZMAN, Bankruptcy Judge.

At the end of November, 1988,1 conducted an auction of and confirmed the sale for $76,000,000 cash to Tobishima Associates, Ltd. (Tobishima) of the debtor’s interest in the Stanhope Hotel. In addition to authorizing the sale of the building, furniture, fixtures and equipment, I authorized the debtor to assume and assign to Tobishima certain executory contracts, including the ground lease for the hotel. 1 At the conclusion of the auction I authorized the payment of a breakup fee to the outbid contract vendee,…

2Cases cited3 opinions

  1. Cottle v. Storer Communication, Inc.Court of Appeals for the Eleventh Circuit · 1988
  2. CRTF Corp. v. Federated Department Stores, Inc.District Court, S.D. New York · 1988
  3. Samjens Partners I v. Burlington Industries, Inc.District Court, S.D. New York · 1987

3Cited by18 opinions

  1. In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), IncCourt of Appeals for the Third Circuit · 1999
  2. Official Committee of Subordinated Bondholders v. Integrated Resources, Inc. (In Re Integrated Resources, Inc.)District Court, S.D. New York · 1992
  3. In Re Integrated Resources, Inc.United States Bankruptcy Court, S.D. New York · 1992
  4. In Re S.N.A. Nut Co.United States Bankruptcy Court, N.D. Illinois · 1995
  5. In Re Bidermann Industries U.S.A., Inc.United States Bankruptcy Court, S.D. New York · 1997

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