Legal Opinion

In Re Kingston Square Associates

United States Bankruptcy Court, S.D. New York

Decided September 24, 1997No. 19-22430PublishedCited by 32 opinions

1Opinion of the Court

AMENDED OPINION DENYING MOTION OF THE CHASE MANHATTAN BANK, N.A. AND REFG INVESTOR TWO, INC. TO DISMISS THESE CHAPTER 11 CASES UNDER § 1112(b) AND GRANTING MOTION TO APPOINT CHAPTER 11 TRUSTEE

TINA L. BROZMAN, Chief Judge.

Introduction

Fashion has a role not only in the garment industry but in the legal one as well. One of the newest fashions in commercial real estate financing is so-called “mortgage backed securitization” coupled with the presence of corporate governance provisions known as “bankruptcy remote provisions” designed to make bankruptcy unavailable to a defaulting borrower without…

2Cases cited37 opinions

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. 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
  3. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  4. In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  5. Geyer v. Ingersoll Publications Co.Court of Chancery of Delaware · 1992

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3Cited by32 opinions

  1. In Re KochUnited States Bankruptcy Court, E.D. New York · 1999
  2. In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009
  3. DeBold v. Case (In Re Tri-River Trading, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
  4. In Re 68 West 127 Street, LLCUnited States Bankruptcy Court, S.D. New York · 2002
  5. In re Lake Michigan Beach Pottawattamie Resort LLCUnited States Bankruptcy Court, N.D. Illinois · 2016

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