Legal Opinion

Parkway Plaza Investors v. Bacigalupi (In Re Bacigalupi, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 24, 1986No. BAP No. NC-85-1136-VEAs, Bankruptcy Nos. 1-82-01499, 1-82-01497PublishedCited by 14 opinions

1Opinion of the Court

VOLINN, Bankruptcy Judge:

The debtors’ landlord, appellant Parkway Plaza Investors (“Parkway”), has been sued in state court by the debtors and their Chapter 7 trustee for damages arising out of the lease. Parkway appeals from an order of the bankruptcy court denying Parkway’s motion to vacate an order authorizing and approving the Chapter 7 trustee’s partial assignment of the estates’ cause of action to the debtors and also appeals the order denying relief from stay to permit Parkway to plead setoff for unpaid rent in the state court action.

The issues are: (1) whether the bankruptcy court…

2Cases cited4 opinions

  1. In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
  2. Niagara Mohawk Power Corp. v. Utica Floor Maintenance, Inc. (In Re Utica Floor Maintenance, Inc.)District Court, N.D. New York · 1984
  3. Walter E. Heller & Co. v. Food Marketing Associates, Ltd. (In Re Fasano/Harriss Pie Co.)United States Bankruptcy Court, W.D. Michigan · 1984
  4. Marta Group, Inc. v. Perlstein's, Inc. (In Re Marta Group, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1985

3Cited by14 opinions

  1. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
  2. Acequia, Inc. v. Clinton (In re Acequia, Inc.)Court of Appeals for the Ninth Circuit · 1994
  3. In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.Court of Appeals for the Seventh Circuit · 1988
  4. United States, Internal Revenue Service v. Offord Finance, Inc. (In Re Medina)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. United States v. Carey (In Re Wade Cook Financial Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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