Legal Opinion
In Re Mall at One Associates, L.P.
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 12, 1995No. 19-11673PublishedCited by 3 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A INTRODUCTION
Presently to be decided in this contentious bankruptcy case is the issue of how to distribute the assets of the Debtor subsequent to an auction sale of its primary real estate asset. Two questions having some general application arise, namely (1) what is the nature of a recovery under 11 U.S.C. § 506(c) and where does such as recovery fall in a distribution scheme? and (2) what are the rights of a mortgagee against a debtor or the purchaser after an auction sale of the debt- or’s assets under a confirmed plan?
We answer the first question by…
2Cases cited10 opinions
- Kerr v. DaySupreme Court of Pennsylvania · 1850
- In Re Mechanical Maintenance, Inc.District Court, E.D. Pennsylvania · 1991
- In Re Orfa Corp. of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
- Sladkin Et Ux. v. Greene Et Ux.Supreme Court of Pennsylvania · 1948
- In Re Mall at One Associates, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1995
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3Cited by3 opinions
- Debbie Reynolds Hotel & Casino, Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino, Inc.)Court of Appeals for the Ninth Circuit · 2001
- In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2001
- In Re: Debbie Reynolds Hotel & Casino, Inc. Debtor. In Re: Debbie Reynolds Management Company, Inc. Debtor. In Re: Debbie Reynolds Resorts, Inc. Debtor. Debbie Reynolds Hotel & Casino, Inc., a Nevada Corporation Debbie Reynolds Management Company, Inc., a Nevada Corporation Debbie Reynolds Resorts, Inc., a Nevada Corporation v. Calstar Corporation, Inc., Resort Funding, Inc. v. Calstar Corporation, Inc.Court of Appeals for the Ninth Circuit · 2001