Legal Opinion

Matter of Celeste Court Apartments, Inc.

District Court, D. Delaware

Decided March 13, 1985No. Civ. A. 84-632 MMSPublishedCited by 7 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, District Judge.

This is an appeal brought by debtor Celeste Court Apartments, Inc. (“debtor” or “Celeste Court”) from a decision of the United States Bankruptcy Court for the District of Delaware which refused to confirm debtor’s Chapter 11 plan of reorganization. The central issue is whether a bankruptcy court may confirm a plan that cures and reinstates a mortgage encumbering debtor’s property if a judgment of foreclosure was entered before the debtor filed its petition in bankruptcy.

The relevant facts are undisputed. The debtor acquired an apartment building from…

2Cases cited17 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  4. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  5. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984

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3Cited by7 opinions

  1. In Re Federal-Mogul Global Inc.Court of Appeals for the Third Circuit · 2012
  2. Shrewsbury v. The Bank of New York MellonSupreme Court of Delaware · 2017
  3. Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
  4. Demers v. Federal Land Bank of OmahaDistrict Court, D. South Dakota · 1987
  5. In re Devonshire PGA Holdings LLCUnited States Bankruptcy Court, D. Delaware · 2016

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