Legal Opinion

In Re Aqua Associates

United States Bankruptcy Court, E.D. Pennsylvania

Decided January 17, 1991No. 16-16244PublishedCited by 22 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Presented is a motion of the Debtor, the sole asset of which is a large building situated at Ninth and South Streets in Philadelphia, to obtain credit which contemplates providing a first lien on the building to the new lender over the objection of the incumbent first mortgagee, pursuant to 11 U.S.C. § 364(d). We hold that a qualitative analysis, similar to that performed by us in In re Crouse Group, Inc., 71 B.R. 544, 549-51 (Bankr.E.D.Pa.1987), must be made as to any request to obtain credit. We also hold that an analysis focusing on…

2Cases cited17 opinions

  1. Bankers Life Insurance v. Alyucan Interstate Corp. (In Re Alyucan Interstate Corp.)United States Bankruptcy Court, D. Utah · 1981
  2. In Re TashjianUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. Bankr. L. Rep. P 71,146 in Re Snowshoe Company, Inc., Debtor. (Three Cases). Michael L. Bray, Trustee v. Shenandoah Federal Savings and Loan Association, and Ingersoll-Rand Financial Credit Corporation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond, Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc., (Two Cases). Michael L. Bray, Trustee v. Ingersoll-Rand Financial Credit Corporation, and Shenandoah Federal Savings and Loan Assocation Monongahela Power Company Charleston Linen Service Precision Pump, Inc. Ford Motor Credit Company John Deere Industrial Equipment Company Snowshoe Summit Development Company Miscellaneous Creditors Haven Homes, Inc. Bowles, McDavid Graff & Love Law Firm Mountain State Telephone Company Remond Anderson & Rice, Inc. Community Bank and Trust, National Association Charleston National Bank Hungry Hare, Inc. And Slope Shops, Inc.Court of Appeals for the Fourth Circuit · 1986
  4. In Re Grant Broadcasting of Philadelphia, Inc.District Court, E.D. Pennsylvania · 1987
  5. In Re Grant Broadcasting of Philadelphia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987

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3Cited by22 opinions

  1. In The Matter Of Josephine M. MendozaCourt of Appeals for the Fifth Circuit · 1997
  2. In Re MoselloUnited States Bankruptcy Court, S.D. New York · 1996
  3. In Re DB Capital Holdings, LLCUnited States Bankruptcy Court, D. Colorado · 2011
  4. In Re OlickUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
  5. In Re Yl West 87th Holdings I LLCUnited States Bankruptcy Court, S.D. New York · 2010

17 more not listed; retrieve them via the Exa API.

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