Legal Opinion
Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided April 28, 1992No. 19-01269PublishedCited by 72 opinions
1Opinion of the Court
OPINION
JAMES D. GREGG, Bankruptcy Judge.
I. ISSUES
The two chapter 11 debtors entered into a prepetition hotel management agreement which has not yet been assumed or rejected. The management agreement provides that all management fees earned by the debtor which manages the hotel shall be subordinated to a bank in the event the debtor which owns the hotel is in default on its obligations to the bank. Is the management agreement, and the asserted subordination clauses therein, enforceable postpe-tition in connection with the debtors’ chapter 11 cases? Should the debtors be compelled to assume or…
2Cases cited186 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Brown v. FelsenSupreme Court of the United States · 1979
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
181 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
- Holly's, Inc. v. City of Kentwood (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1994
- In Re BrownDistrict Court, E.D. Pennsylvania · 2004
- Matter of Mother Hubbard, Inc.United States Bankruptcy Court, W.D. Michigan · 1993
- General Electric Capital Corp. v. Hoerner (In Re Grand Valley Sport & Marine, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
67 more not listed; retrieve them via the Exa API.