Legal Opinion
First Commonwealth Bank v. Onasni Property Group, LLC (In Re Onasni Property Group, LLC)
United States Bankruptcy Court, W.D. Pennsylvania
Decided March 10, 2010No. 09-28455-JKFPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
Related to Doc. No. 73, Motion for Relief from the Automatic Stay 2
JUDITH K. FITZGERALD, Bankruptcy Judge.
The issue before the court is whether First Commonwealth Bank (hereafter “Bank” or “Mortgagee”), which has an undisputed and properly recorded first mortgage, together with an absolute assignment of leases and rents in Debtor’s rental real estate located at 600 Fallowfield Avenue, Charleroi, PA, 15022, is entitled to relief from stay:
1 — pursuant to 11 U.S.C. § 362(d)(1), for cause because Debtor is in default, only one tenant occupies the property, and the Bank is not…
2Cases cited5 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Paccom Leasing Corp. v. Deico Electronics, Inc. (In Re Deico Electronics, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Robin Associates v. Metropolitan Bank & Trust Co. (In Re Robin Associates)United States Bankruptcy Court, W.D. Pennsylvania · 2001
3Cited by5 opinions
- Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2011
- People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2010
- People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010