Legal Opinion

In Re Cbgb Holdings, LLC

United States Bankruptcy Court, S.D. New York

Decided October 13, 2010No. 19-01063PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER REGARDING VALIDITY OF STRICT FORECLOSURE

STUART M. BERNSTEIN, Bankruptcy Judge.

The debtor’s secured creditor, contending that it strictly foreclosed on substantially all of the debtor’s assets prior to the petition date, has moved to dismiss this chapter 11 case, or alternatively, for relief from the stay. Although the motion raises several issues, the validity of the strict foreclosure presents a threshold question. For the reasons that follow, the Court concludes that the strict foreclosure was valid.

BACKGROUND

CBGB, founded by Hillel “Hilly” Kristal, operated as…

2Cases cited19 opinions

  1. Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
  2. Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
  3. American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
  4. State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
  5. County Asphalt, Inc. v. Lewis Welding & Engineering Corp.District Court, S.D. New York · 1970

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3Cited by9 opinions

  1. Born v. BornSupreme Court of Kansas · 2016
  2. Kapor v. RJC Inv., Inc.Montana Supreme Court · 2019
  3. Stillwater Liquidating LLC v. SFN Dekalb Holdings LLC (In re Stillwater Asset Backed Offshore Fund Ltd.)District Court, S.D. New York · 2017
  4. 111 W. 57th Inv. LLC v. 111W57 Mezz Inv. LLCAppellate Division of the Supreme Court of the State of New York · 2021
  5. CNH Diversified Opportunities Master Account v. Cleveland UnlimitedNew York Court of Appeals · 2020

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