Legal Opinion

Rosenfeld v. 122-24 East 25th Street Corp. (In Re Silverman)

United States Bankruptcy Court, S.D. New York

Decided August 30, 1984No. 19-10268PublishedCited by 6 opinions

1Opinion of the Court

DECISION ON COMPLAINT OF TRUSTEE FOR AN ORDER ANNULLING AUTOMATIC STAY

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy seeks an order annulling a bankruptcy stay so that its alleged violation may not be used against him by a mortgagee who was allegedly wiped out by an in rem tax foreclosure sale.

The defendant mortgagee, a corporation whose president is the bankrupt and whose stock is owned by the bankrupt’s children, disputes, and the trustee in bankruptcy condones, the consequences of the in rem tax foreclosure judgment obtained by the City of New York, which purported to…

2Cases cited18 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  3. Straton v. NewSupreme Court of the United States · 1931
  4. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  5. Potts v. PottsCourt of Appeals for the Sixth Circuit · 1944

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3Cited by6 opinions

  1. Bankr. L. Rep. P 72,689 in Re Globe Investment and Loan Company, Inc., Debtor. Giovanni B. Magnoni v. Globe Investment and Loan Company, Inc.Court of Appeals for the Ninth Circuit · 1989
  2. Barnett Bank of Southeast Georgia, N.A. v. Trust Co. Bank of Southeast Georgia, N.A. (In Re Ring)United States Bankruptcy Court, S.D. Georgia · 1995
  3. Massachusetts Mutual Life Insurance v. Columbus Broadway Marble Corp. (In Re Columbus Broadway Marble Corp.)United States Bankruptcy Court, E.D. New York · 1988
  4. In Re ClarkUnited States Bankruptcy Court, S.D. Ohio · 1987
  5. Balsley v. United Bank of Ogle County, N.A. (In Re Patterson)United States Bankruptcy Court, N.D. Illinois · 1986

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