Legal Opinion

Matter of Escondido West Travelodge

District Court, S.D. California

Decided June 19, 1985No. Bankruptcy No. 84-663-P11, Civ. No. 84-2904PublishedCited by 17 opinions

1Opinion of the Court

GORDON THOMPSON, Jr., Chief Judge.

This case comes before this Court on appeal from the U.S. Bankruptcy Court. The appellants, S & M Development and Sam Spizman, appeal a ruling denying their motion for relief from the automatic stay provisions of § 362(a) of the U.S. Bankruptcy Code (11 U.S.C. § 362(a)). For the reasons set forth below, this Court has concluded that the decision of the Bankruptcy court must be REVERSED.

FACTS

The relevant facts underlying this controversy are not in dispute. The controversy arises out of a contract entered into between the parties in April, 1978. Under the…

2Cases cited18 opinions

Grand Hudson Corp. v. GSVC Restaurant Corp. (In Re GSVC Restaurant Corp.)District Court, S.D. New York · 1980
Omni International, Ltd. v. Mimi's of Atlanta, Inc. (In Re Mimi's of Atlanta, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.Court of Appeals for the Seventh Circuit · 1976
In The Matter Of Fontainebleau Hotel CorporationCourt of Appeals for the Fifth Circuit · 1975
Bucknell Leasing Corp. v. Darwin (In Re Darwin)United States Bankruptcy Court, E.D. New York · 1982

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
Sudler v. Chester Housing Authority (In Re Sudler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
In Re Windmill Farms, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
Doris Robinson, Debtor-Appellant v. Chicago Housing Authority, Movant-AppelleeCourt of Appeals for the Seventh Circuit · 1995
Life Insurance Co. of Virginia v. Barakat (In Re Barakat)United States Bankruptcy Court, C.D. California · 1994

12 more not listed; retrieve them via the Exa API.