Legal Opinion

Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)

United States Bankruptcy Court, S.D. New York

Decided October 20, 1988No. 19-35001PublishedCited by 36 opinions

1Opinion of the Court

DECISION AND ORDER

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

By cross-motions for summary judgment, we are called upon to determine whether (i) a security interest in hotel room revenues in Nebraska is to be perfected under the Uniform Commercial Code or falls within the exemption of U.C.C. § 9-104(j) and (ii) whether a security interest in rents may be perfected after the filing of a bankruptcy petition pursuant to 11 U.S.C. § 546(b) and thereby escape avoidance under 11 U.S.C. § 544(a) even though the perfection would not relate back to a time pre-petition under applicable state law. We hold…

2Cases cited40 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  5. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988

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

3Cited by36 opinions

  1. In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
  2. Greyhound Real Estate Finance Co. v. Official Unsecured Creditors' Committee (In Re Northview Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  3. Investment Hotel Properties, Ltd. v. New West Federal Savings & Loan Ass'n (In Re Investment Hotel Properties, Ltd.)United States Bankruptcy Court, D. Colorado · 1990
  4. In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
  5. Sacramento Mansion, Ltd. v. Sacramento Savings & Loan Ass'n (In Re Sacramento Mansion, Ltd.)United States Bankruptcy Court, D. Colorado · 1990

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

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