Legal Opinion

In Re Embassy Properties North, Ltd. Partnership

United States Bankruptcy Court, D. Kansas

Decided May 24, 1996No. 19-20231PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

JOHN T. FLANNAGAN, Bankruptcy Judge.

By filing for Chapter 11 relief, Embassy Properties North, Limited Partnership, has prevented College Life Insurance Company of America from foreclosing on a mortgage and rent assignment it holds on Frolics Plaza Shopping Center. Rents in excess of those paid to operate Frolics Plaza have accumulated in a segregated account under an agreement of the parties. Under state law, Embassy holds title to the land and rents while College Life’s interest in the rents is only an unexercised power to apply them to its debt when it can take…

2Cases cited10 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
  4. In Re Landing Associates, Ltd.United States Bankruptcy Court, W.D. Texas · 1990
  5. Imperial Gardens Liquidating Trust v. Northwest Commons, Inc. (In Re Northwest Commons, Inc.)United States Bankruptcy Court, E.D. Missouri · 1991

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re Valley View Shopping Center, L.P.United States Bankruptcy Court, D. Kansas · 2001
  2. Homestead Partners, Ltd. v. Condor One, Inc. (In Re Homestead Partners, Ltd.)United States Bankruptcy Court, N.D. Georgia · 1996
  3. Hawai'i National Bank v. CookHawaii Intermediate Court of Appeals · 2000
  4. In re Vaughan Co.United States Bankruptcy Court, D. New Mexico · 2015
  5. Hawai'i National Bank v. CookHawaii Intermediate Court of Appeals · 2000

1 more not listed; retrieve them via the Exa API.

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