Legal Opinion
In Re Pine Lake Village Apartment Co.
United States Bankruptcy Court, S.D. New York
Decided February 25, 1982No. 18-13799PublishedCited by 19 opinions
1Opinion of the Court
DECISION ON DEBTOR’S APPLICATION FOR FUNDS HELD BY MANAGING AGENT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
A mortgagee creditor holding a secured claim contends in this controversy that a so-called “custodian” be compelled to continue to hold pre-Chapter 11 rent proceeds and security deposits it collected, characterized conjunctively as “cash collateral” under Code § 363(c) and as a contractual assignment contained in the consolidated mortgage and in a separate Management Agreement. The Chapter 11 debtor-in-possession claims that the consolidated mortgage contains no condition or covenant…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Butner v. United StatesSupreme Court of the United States · 1979
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Sullivan v. . RossonNew York Court of Appeals · 1918
- In re BroseCourt of Appeals for the Second Circuit · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- In Re Jason Realty, L.P., Debtor. First Fidelity Bank, N.A. v. Jason Realty, L.P., Jason Realty, L.P. v. First Fidelity Bank, N.ACourt of Appeals for the First Circuit · 1995
- Exchange National Bank of Chicago v. Gotta (In Re Gotta)United States Bankruptcy Court, W.D. Wisconsin · 1985
- Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)United States Bankruptcy Court, E.D. New York · 1992
- In Re Constable Plaza Associates, L.P.United States Bankruptcy Court, S.D. New York · 1991
14 more not listed; retrieve them via the Exa API.