In Re Levine's Delicatessen & Restaurant, Inc.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION
HOWARD C. BUSCHMAN, III, Bankruptcy Judge.
Bass & Bass, Inc., seeks an order modifying the automatic stay pursuant to Section 362(d) of the Bankruptcy Code, 11 U.S.C. § 362(d) and allowing the foreclosure on the proceeds of collateral of an alleged purchase money security agreement between Bass and Levine’s Delicatessen (the “debtor”). Chemical Bank cross moves to foreclose on the proceeds of the collateral. It and the Trustee oppose the Bass & Bass motion. 1 The Trustee further asserts that if the motion is granted, he is entitled to 10% of the gross proceeds and that his auctioneer…
2Cases cited10 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1984
- In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
- In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
- Rempa v. LaPorte Production Credit Ass'nIndiana Court of Appeals · 1983
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3Cited by3 opinions
- In Re SherrillUnited States Bankruptcy Court, W.D. Texas · 1987
- Royal Jewelers, Inc. v. LightNorth Dakota Supreme Court · 2015
- O & G Leasing, LLC v. First Security Bank (In Re O & G Leasing, LLC)United States Bankruptcy Court, S.D. Mississippi · 2011