Legal Opinion

In re Chicago Hudson, LLC

United States Bankruptcy Court, N.D. Illinois

Decided July 24, 2006No. 06 B 05596PublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON KINGSBURY OBJECTION TO SAME UNDER 11 U.S.C. § 36S(i)

JACK B. SCHMETTERER, Bankruptcy Judge.

Following trial with evidence on the issue of whether creditor Kingsbury is “in possession” of subject property under 11 U.S.C. § 365®, the following is made and will be entered as Findings of Fact and Conclusions of Law, ruling that Kingsbury is not “in possession” under that provision. Trial was held pursuant to pretrial order, and this ruling will apply as a dispositive ruling on the § 365® issue unless Kings-bury seeks to reopen it on motion and notice for…

2Cases cited12 opinions

  1. McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
  2. Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
  3. In Re SilberkrausUnited States Bankruptcy Court, C.D. California · 2000
  4. Summit Land Co. v. Allen (In Re Summit Land Co.)United States Bankruptcy Court, D. Utah · 1981
  5. In Re Balco Equities Ltd., Inc.United States Bankruptcy Court, S.D. New York · 2005

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3Cited by1 opinion

  1. In re TM Vill., Ltd.United States Bankruptcy Court, N.D. Texas · 2019

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