Legal Opinion
In Re Robbins
United States Bankruptcy Court, D. Massachusetts
Decided September 11, 1990No. 19-40332PublishedCited by 21 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
Asserting that he lacks adequate protection of his second mortgage interest, Kevin C. Sullivan (“Sullivan”) moves under 11 U.S.C. § 362(d)(1) for termination of the automatic stay in order to foreclose under the mortgage. Presented is the important question of which standard of valuation— fair market value or liquidation value— should be employed in this context, and whether costs of sale should be taken into account under either standard.
Among the Debtor's numerous investment properties is a 38 unit apartment building in Billerica, Massachusetts…
2Cases cited20 opinions
- In Re CourtrightUnited States Bankruptcy Court, D. Oregon · 1986
- In Re ClaeysUnited States Bankruptcy Court, D. North Dakota · 1987
- General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
- Virginia National Bank v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Virginia · 1980
- In Re Beker Industries Corp.United States Bankruptcy Court, S.D. New York · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
- In Re Bjolmes Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1991
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- In Re GonzalezUnited States Bankruptcy Court, D. Massachusetts · 1993
- In Re GreenUnited States Bankruptcy Court, D. Minnesota · 1993
16 more not listed; retrieve them via the Exa API.