Legal Opinion

In Re Kodo Properties, Inc.

United States Bankruptcy Court, E.D. New York

Decided August 5, 1986No. 8-19-70828PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER

CONRAD B. DUBERSTEIN, Chief Judge.

This is a motion by a Chapter 11 debtor, Kodo Properties, Inc., (hereinafter “Kodo”), to void a lis pendens filed by the Seward Development Company, (hereinafter “Seward”), against the property of the debtor. The motion is granted for the reasons hereinafter set forth.

FACTS

Seward is holder of a first mortgage on the debtor’s real property. A plan of reorganization proposed by the debtor and ultimately confirmed by this court provided, inter alia, for the payment of the mortgage over a period of time in accordance with its terms. The plan…

2Cases cited2 opinions

  1. Simon v. . VanderveerNew York Court of Appeals · 1898
  2. Mechanics Exchange Savings Bank v. ChesterfieldAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by8 opinions

  1. In Re the Estate of SakowNew York Court of Appeals · 2002
  2. Drew v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1995
  3. Kraft v. Fisk Associates (In Re Millerlee Corp.)United States Bankruptcy Court, S.D. New York · 1987
  4. In Re AdamsonUnited States Bankruptcy Court, D. Massachusetts · 2004
  5. Huang v. Pioneer Savings Bank, Inc. (In Re Tara of North Hills)United States Bankruptcy Court, E.D. North Carolina · 1988

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