Legal Opinion

In Re Bryan Road, LLC

United States Bankruptcy Court, S.D. Florida.

Decided February 12, 2008No. 19-10831PublishedCited by 7 opinions

1Opinion of the Court

ORDER GRANTING FLORIDA COMMUNITY BANK’S MOTION FOR STAY RELIEF

JOHN K. OLSON, Bankruptcy Judge.

This case presents the interesting question of the enforceability of a prepetition workout agreement in which the Debtor consented, on the eve of a foreclosure sale, to stay relief in the event the Debtor subsequently filed a bankruptcy case. In part because I conclude that the agreement at issue here is enforceable, I will grant stay relief over the objections of the Debtor, the Creditors’ Committee, and junior lien-holders so that the lender, Florida Community Bank (the “Bank”), may pursue its…

2Cases cited7 opinions

  1. In Re Harry C. Robbins, a Single Person, Debtor. Revalle Robbins v. Harry C. RobbinsCourt of Appeals for the Fourth Circuit · 1992
  2. In Re Robert Frank-Leonard Wilson, Debtor. Lisa Baldino v. Robert Frank-Leonard Wilson Bunce D. Atkinson, TrusteeCourt of Appeals for the Third Circuit · 1997
  3. In Re Sky Group International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1989
  4. Southwest Georgia Bank v. Desai (In Re Desai)United States Bankruptcy Court, M.D. Georgia · 2002
  5. In Re Excelsior Henderson Motorcycle Manufacturing Co.United States Bankruptcy Court, S.D. Florida. · 2002

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

3Cited by7 opinions

  1. In Re DB Capital Holdings, LLCUnited States Bankruptcy Court, D. Colorado · 2011
  2. In Re W.B. Care Center, LLCUnited States Bankruptcy Court, S.D. Florida. · 2009
  3. In re Big Dog II, LLCUnited States Bankruptcy Court, N.D. Florida · 2019
  4. In re A. Hirsch Realty, LLCUnited States Bankruptcy Court, D. Massachusetts · 2018
  5. In re Triple A & R Capital Investment, Inc.United States Bankruptcy Court, D. Puerto Rico · 2014

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

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