Legal Opinion

In Re Pelham Enterprises, Inc.

United States Bankruptcy Court, N.D. Illinois

Decided October 15, 2007No. 19-05302PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on the motion of Gino’s East Home, LLC (the “Creditor”) for relief from the automatic stay under 11 U.S.C. § 362(d) and the objection thereto of Joseph A. Baldi, the Chapter 7 trustee (the “Trustee”) of the bankruptcy estate of Pelham Enterprises, Inc. (“Pelham”). For the reasons set forth herein, the Court denies the motion. The Court finds that the personal property should be valued for purposes of this motion as part of a going concern restaurant operation and not at a liquidation or forced sale…

2Cases cited17 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  3. In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
  4. In the Matter of Douglas R. Prince and Jane Prince, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1996
  5. In the Matter of Leslie BOOMGARDEN, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985

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3Cited by8 opinions

  1. In re QuadeUnited States Bankruptcy Court, N.D. Illinois · 2012
  2. Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
  3. Drake v. Franklin Equipment Co. (In Re Franklin Equipment Co.)United States Bankruptcy Court, E.D. Virginia · 2009
  4. Goldberg v. Ojeda (In Re Ojeda)United States Bankruptcy Court, N.D. Illinois · 2008
  5. Faisal RazaUnited States Bankruptcy Court, E.D. Virginia · 2022

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