Legal Opinion
Provident Mutual Life Insurance v. Winslow Center Associates (In Re Winslow Center Associates)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 3, 1985No. 19-10439PublishedCited by 15 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The question, arising under New Jersey law on a mortgagee’s motion for turnover of accrued rent, is whether a clause in a mortgage creates an assignment rather than a pledge against security, thus entitling the mortgagee to those rents. For the reasons stated herein, we conclude that the mortgage created an assignment of the rent and will direct that the rents be disbursed to the mortgagee.
The facts of this case are as follows: 1 The debtor is a limited partnership which owns a parcel of real estate known as “Winslow Center”. The property is improved by a…
2Cases cited6 opinions
- In Re Four Star Terminals, Inc.United States Bankruptcy Court, D. Alaska · 1984
- In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982
- Matter of Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1981
- In Re First Hartford Corp.United States Bankruptcy Court, S.D. New York · 1982
- In Re Fidelity America Financial Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Jason Realty, L.P., Debtor. First Fidelity Bank, N.A. v. Jason Realty, L.P., Jason Realty, L.P. v. First Fidelity Bank, N.ACourt of Appeals for the First Circuit · 1995
- In Re TM Carlton House Partners, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Midlantic National Bank v. SourlisDistrict Court, D. New Jersey · 1992
- In Re 1301 Connecticut Avenue AssociatesDistrict Court, District of Columbia · 1990
- In Re MoccoUnited States Bankruptcy Court, D. New Jersey · 1995
10 more not listed; retrieve them via the Exa API.