Legal Opinion

In Re Pelham Street Associates

United States Bankruptcy Court, D. Rhode Island

Decided August 29, 1991No. Bankruptcy 89-11259PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on April 2, 3, and 4, 1991 on the motion of Rhode Island Hospital Trust National Bank (RIHT) for Relief From Stay and for leave to foreclose on the Debtor’s property located in Newport, Rhode Island.

RIHT seeks relief pursuant to both 11 U.S.C. § 362(d)(1) (lack of adequate protection) and § 362(d)(2) (lack of equity in property, and property not necessary to an effective reorganization).

FACTS

The Debtor’s only asset is a renovated historic building on Pelham Street in Newport, containing office and storage space which is leased…

2Cases cited11 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Hoyt, Inc. v. Born (In Re Born)United States Bankruptcy Court, S.D. Texas · 1981
  3. In Re Terrace Gardens Park PartnershipUnited States Bankruptcy Court, W.D. Texas · 1989
  4. United States v. Smithfield Estates, Inc. (In Re Smithfield Estates, Inc.)United States Bankruptcy Court, D. Rhode Island · 1985
  5. Asquino v. Palmer River Realty, Inc. (In Re Palmer River Realty, Inc.)United States Bankruptcy Court, D. Rhode Island · 1983

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3Cited by2 opinions

  1. In Re White Plains Development Corp.United States Bankruptcy Court, S.D. New York · 1992
  2. In Re PetitUnited States Bankruptcy Court, D. Maine · 1995

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