Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)
United States Bankruptcy Court, S.D. New York
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
- Butner v. United StatesSupreme Court of the United States · 1979
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
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3Cited by36 opinions
- In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
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- In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
- Sacramento Mansion, Ltd. v. Sacramento Savings & Loan Ass'n (In Re Sacramento Mansion, Ltd.)United States Bankruptcy Court, D. Colorado · 1990
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