Legal Opinion

In Re KAR Development Associates, L.P.

United States Bankruptcy Court, D. Kansas

Decided August 31, 1994No. 19-10302Published

1Opinion of the Court

ORDER ON MOTION FOR STAY PENDING APPEAL

JOHN T. FLANNAGAN, Bankruptcy Judge.

The movants are creditor parties to a Kansas industrial revenue bond transaction financing the construction of a Holiday Inn Hotel operated by debtor in Olathe, Kansas. 1 This Court entered an order on August 5, 1994, denying the creditors’ joint motion for relief from automatic stay aimed at gaining possession of the hotel. 2 Movants grounded their motion on the debtor’s failure to assume an industrial revenue bond lease within 60 days of the filing of the Chapter 11 petition. Under 11 U.S.C. § 365(d)(4), the failure…

2Cases cited23 opinions

  1. In the Matter of Patsy D. Phillips, A/K/A D/B/A Market Fitness, Creekside Plaza, Second Wind, Debtor. Promenade National Bank v. Patsy D. PhillipsCourt of Appeals for the Second Circuit · 1988
  2. Joe E. Garcia v. Burlington Northern Railroad CompanyCourt of Appeals for the Tenth Circuit · 1987
  3. Quinn v. CGRCourt of Appeals for the Tenth Circuit · 1987
  4. First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
  5. Florence Bowers v. Connecticut National BankCourt of Appeals for the Second Circuit · 1988

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