Legal Opinion

Marcus Lee Associates, L.P. v. Wachovia Bank, N.A. (In Re Marcus Lee Associates, L.P.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 23, 2009No. 19-10372PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

BRUCE FOX, Bankruptcy Judge.

Presently before me are motions filed by defendant Wachovia Bank, N.A., to dismiss the two adversary proceedings captioned above. As will be discussed below, both adversary proceedings seek to compel Wa-chovia to provide funds for the construction of a “clubhouse” building that is part of a 200-unit condominium project being developed by the debtor, Marcus Lee Associates, L.P. One such proceeding is brought by the chapter 11 debtor in possession. The other proceeding is commenced by the Condominium Association asserting third party beneficiary status.

The…

2Cases cited56 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, IntervenorCourt of Appeals for the Third Circuit · 2002
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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3Cited by1 opinion

  1. In re WolfUnited States Bankruptcy Court, E.D. Pennsylvania · 2016

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