Legal Opinion
In Re Centre Court Apartments, Ltd.
United States Bankruptcy Court, N.D. Georgia
Decided April 21, 1988No. 19-51792PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOYCE BIHARY, Bankruptcy Judge.
This case presents the question of whether an oversecured creditor can enforce provisions for attorney’s fees in a note and deed to secure debt as allowed under Georgia law in a Chapter 11 case when the Chapter 11 debtor proposes a plan to cure and reinstate the debt pursuant to 11 U.S.C. § 1124(2) and when the debtor in fact cures all arrearages and reinstates the debt and then pays the creditor in full the very next day from a Court approved sale of the collateral. The answer requires an analysis of the nature of the creditor’s…
2Cases cited28 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- 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
- In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re PCH AssociatesUnited States Bankruptcy Court, S.D. New York · 1990
- Homestead Partners, Ltd. v. Condor One, Inc. (In Re Homestead Partners, Ltd.)United States Bankruptcy Court, N.D. Georgia · 1996
- In Re Villa Capri of Georgia Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1992
- In Re Gillette Associates, Ltd.United States Bankruptcy Court, N.D. Ohio · 1989
- Dent v. Associates Financial Services of America, Inc. (In Re Dent)United States Bankruptcy Court, S.D. Georgia · 1992
11 more not listed; retrieve them via the Exa API.