Legal Opinion
Bistrian v. Easthampton Sand & Gravel Co. (In Re Easthampton Sand & Gravel Co.)
United States Bankruptcy Court, E.D. New York
Decided December 2, 1982No. 1-19-40763PublishedCited by 33 opinions
1Opinion of the Court
DECISION
BORIS RADOYEVICH, Bankruptcy Judge.
By complaint filed September 2, 1982 the plaintiff creditor, Peter Bistrian, seeks to vacate the Bankruptcy Code’s automatic stay to allow him to proceed, in State Court, to recover possession of certain premises leased to the debtor/defendant, East Hampton Sand and Gravel Company, Inc. In its answer filed September 20,1982 the defendant denies the complaint’s material allegations, and asserts as affirmative defenses its statutory right to cure and assume the involved lease, and the necessity of the premises to its reorganization. See 11 U.S.C. §…
2Cases cited20 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- Triangle Laboratories, Inc. v. HalvajianCourt of Appeals for the Third Circuit · 1981
15 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- In Re Mr. Gatti's, Inc.United States Bankruptcy Court, W.D. Texas · 1994
- In Re DeSantisUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re GHR Energy Corp.United States Bankruptcy Court, D. Massachusetts · 1984
28 more not listed; retrieve them via the Exa API.