Legal Opinion

Matter of Castle Mall, Inc.

United States Bankruptcy Court, D. Delaware

Decided May 7, 1991No. 17-12653PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

The Bank of New York filed an involuntary Chapter 7 petition against Castle Mall, Inc. and a similar petition against Delaware Mall Associates Limited Partnership on September 21, 1990. The debtors move to dismiss the respective petitions on the grounds that the requirements of 11 U.S.C. § 303 have not been met. Debtors also claim the Bank filed the petition in bad faith and seek attorneys’ fees and compensatory and punitive damages.

I.Facts

Castle Mall is a shopping center of approximately 240,000 square feet located near Newark,…

2Cases cited4 opinions

B.D.W. Associates, Inc., Debtor v. Busy Beaver Building Centers, Inc., Fagen's, Inc. And Jackel Development Co.Court of Appeals for the Third Circuit · 1989
In re ReidCourt of Appeals for the Seventh Circuit · 1985
United States Fidelity & Guaranty Co. v. DJF Realty & Suppliers, Inc.District Court, N.D. New York · 1986
In Re Fader Motor CompanyCourt of Chancery of Delaware · 1968

3Cited by2 opinions

In Re Allen-Main Associates Ltd. PartnershipBankruptcy Appellate Panel of the Second Circuit · 1998
In Re Accident Claims Determination Corp.United States Bankruptcy Court, E.D. New York · 1992