Legal Opinion
1633 Broadway Mars Restaurant Corp. v. Paramount Group, Inc. (In Re 1633 Broadway Mars Restaurant Corp.)
United States Bankruptcy Court, S.D. New York
Decided May 22, 2008No. 18-13346PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF OPINION AND ORDER ON PARAMOUNT GROUP, INC.’S MOTION TO DISMISS
ALLAN L. GROPPER, Bankruptcy Judge.
Before the Court is a motion to dismiss the Chapter 11 petition of 1633 Broadway Mars Restaurant Corp. (the “Debtor”), brought by Paramount Group, Inc., the Debtor’s landlord (the “Landlord”). The Landlord has moved to dismiss the case on the ground that it is a bad faith attempt to modify an earlier plan of reorganization that has been substantially consummated. The Court held an evidentiary hearing over the course of five days. 1
BACKGROUND
The Debtor
The Debtor is a corporation…
2Cases cited31 opinions
- Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
- James Jay Ball, Debtor-Appellant v. A.O. Smith Corporation, Creditor-AppelleeCourt of Appeals for the Second Circuit · 2006
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3Cited by2 opinions
- Caviata Attached Homes, LLC v. U.S. Bank, National Ass'n (In Re Caviata Attached Homes, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re PM Cross, LLCUnited States Bankruptcy Court, D. New Hampshire · 2013