Legal Opinion
In Re Galvin
United States Bankruptcy Court, D. Vermont
Decided November 5, 1990No. 19-10133PublishedCited by 7 opinions
1Opinion of the Court
11 USC § 541 DETERMINATION 1
FRANCIS G. CONRAD, Bankruptcy Judge.
Bank seeks a determination whether post-petition rent paid to it from Debtors’ tenant under a lease assigned to Bank pre-petition and after a default on a commercial mortgage is not property of Debtors’ Chapter 13 bankruptcy estate under 11 U.S.C. § 541(a). 2 An issue of first impression in this District, we hold Vermont’s Supreme Court would find an absolute assignment of rent under the operative documents and facts. Thus, we conclude the post-petition rent is not part of Debtors’ bankruptcy estate.
FACTS
On October 21, 1986,…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- In Re Kors, Inc.Court of Appeals for the Second Circuit · 1987
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3Cited by7 opinions
- In Re DupellUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
- In Re MoccoUnited States Bankruptcy Court, D. New Jersey · 1995
- Condor One, Inc. v. Turtle Creek, Ltd. (In Re Turtle Creek, Ltd.)United States Bankruptcy Court, N.D. Alabama · 1996
- In Re Salem Plaza AssociatesUnited States Bankruptcy Court, S.D. New York · 1992
- CS First Boston Mortgage Capital Corp. v. RV Centennial Partnership (In Re RV Centennial Partnership)United States Bankruptcy Court, D. Colorado · 1996
2 more not listed; retrieve them via the Exa API.