Legal Opinion

In Re Hempstead Realty Associates

United States Bankruptcy Court, S.D. New York

Decided April 6, 1984No. 19-10077PublishedCited by 5 opinions

1Opinion of the Court

DECISION ON MOTION TO DISMISS CASE OR CONVERT CASE TO CHAPTER 7 PROCEEDING

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The first mortgagee in this Chapter 11 case has moved under 11 U.S.C. § 1112(b)(2) for a dismissal or a conversion to Chapter 7 on the ground that the debtor is, and will remain, unable to prepare a reorganization plan which will be affirmatively accepted by a single noninsider class of creditors as required under 11 U.S.C. § 1129(a)(10).

The debtor, Hempstead Realty Associates, is a limited partnership which owns a shopping center in West Hempstead, New York. The first mortgagee is…

2Cases cited7 opinions

In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982
In Re Barrington Oaks General PartnershipUnited States Bankruptcy Court, D. Utah · 1981
Buffalo Savings Bank v. Marston Enterprises, Inc. (In Re Marston Enterprises, Inc.)United States Bankruptcy Court, E.D. New York · 1981
In Re Polytherm Industries, Inc.District Court, W.D. Wisconsin · 1983
In Re Economy Cast Stone Co.United States Bankruptcy Court, E.D. Virginia · 1981

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3Cited by5 opinions

In Re RCM Global Long Term Capital Appreciation Fund, Ltd.United States Bankruptcy Court, S.D. New York · 1996
In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009
Sticka v. Anderson (In Re Anderson)United States Bankruptcy Court, D. Oregon · 1994
In Re Toyota of Yonkers, Inc.United States Bankruptcy Court, S.D. New York · 1992
Concord Square Apartments of Wood County, Ltd. v. Ottawa Properties, Inc. (In Re Concord Square Apartments of Wood County, Ltd.)United States Bankruptcy Court, S.D. Ohio · 1994