Legal Opinion
In Re C.A.F. Bindery, Inc.
United States Bankruptcy Court, S.D. New York
Decided September 4, 1996No. 19-10599PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING MOTION TO COMPEL PAYMENT OF POST-PETITION RENT
STUART M. BERNSTEIN, Bankruptcy Judge.
C.A.F. Bindery, Inc. (the “debtor”) occupies nonresidential space pursuant to a lease (the “Lease”) -with Marburt Holding Corp. (“Marburt” or the “landlord”). The Lease grants a three month rent concession during the postpetition period provided the debtor is not then in default. Ignoring its continuing prepetition rent default, the debtor “took advantage” of the concession, and did not pay the fixed rent during the concession period.
Marburt has now moved to compel payment, arguing…
2Cases cited22 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- In Re Pacific-Atlantic Trading Co., a California Corporation, Debtor. Edward F. Towers, Trustee v. Chickering & Gregory, a PartnershipCourt of Appeals for the Ninth Circuit · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- MMR Holding Corp. v. C & C Consultants, Inc. (In Re MMR Holding Corp.)United States Bankruptcy Court, M.D. Louisiana · 1996
- In Re Enron Corp.United States Bankruptcy Court, S.D. New York · 2004
- In Re MargulisUnited States Bankruptcy Court, S.D. New York · 2005
- In Re Seven Hills, Inc.United States Bankruptcy Court, D. New Jersey · 2009
- In Re Geonex Corp.United States Bankruptcy Court, D. Maryland · 2001
3 more not listed; retrieve them via the Exa API.