In Re Stein
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION GRANTING TRUSTEE’S MOTION TO SELL OCCUPANCY RIGHTS IN RESIDENTIAL APARTMENT
STUART M. BERNSTEIN, Chief Judge.
The debtor occupied an apartment pursuant to a residential lease, but declined to purchase it in response to a non-eviction condominium conversion plan. After the plan was declared effective and his lease terminated, the debtor asserted an entitlement to continued occupancy based on rights granted to non-purchasing tenants under New York law. The trustee now seeks to sell those occupancy rights to the debtor’s landlord over the debtor’s objection, effectively causing…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Segal v. RochelleSupreme Court of the United States · 1966
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- In Re Prudential Lines Inc.Court of Appeals for the Second Circuit · 1991
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- Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)Court of Appeals for the Second Circuit · 2014
- Toledano v. Kittay (In Re Toledano)United States Bankruptcy Court, S.D. New York · 2003
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