Legal Opinion

In Re 652 West 160th LLC.

United States Bankruptcy Court, S.D. New York

Decided September 26, 2005No. 19-22607PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court is a motion by the City of New York (the “City”) seeking to lift the automatic stay so as to effectuate a foreclosure against 652 West 160th Street (the “Debtor”). A committee of lessees of the Debtor (the “Tenants Committee”) has moved to dismiss the case or, in the alternative, joins in the City’s request to lift the automatic stay. The question raised is whether the Court should exercise its discretion to relieve the Debtor from the consequences of its continued defaults where the Debtor filed in bad faith and then…

2Cases cited27 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  3. United States v. Tabor Court Realty Corp.Court of Appeals for the Third Circuit · 1986
  4. In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  5. Bankr. L. Rep. P 71,956 in Re Natural Land Corporation, Debtor. Natural Land Corporation v. Baker Farms, Inc.Court of Appeals for the Eleventh Circuit · 1987

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3Cited by4 opinions

  1. In Re jer/jameson Mezz Borrower II, LLCUnited States Bankruptcy Court, D. Delaware · 2011
  2. In Re Windwood Heights, Inc.United States Bankruptcy Court, N.D. West Virginia · 2008
  3. In Re 210 Roebling, LLCUnited States Bankruptcy Court, E.D. New York · 2005
  4. Mata v. Avianca, Inc.District Court, S.D. New York · 2023

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