Legal Opinion
Armstrong v. Trustco Bank (In Re Armstrong)
United States Bankruptcy Court, S.D. New York
Decided August 4, 2010No. 16-01377PublishedCited by 2 opinions
1Opinion of the Court
OPINION GRANTING TRUSTCO’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
CECELIA G. MORRIS, Bankruptcy Judge.
The Court considers whether, after confirmation of a chapter 13 plan, full performance of the plan, and entry of the discharge, the Debtors may take steps necessary to effectuate the “surrender” of an apartment that was not their primary residence. Trasteo Bank (“Defendant” or “Trasteo”) commenced a foreclosure proceeding with respect to the apartment before the Debtors filed their petition for chapter 13 relief. Trasteo was awarded a judgment of…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- In Re Kevin J. Layo. Andrea E. Celli, Trustee-Appellant v. First National Bank of Northern New YorkCourt of Appeals for the First Circuit · 2006
- Hassett v. Altai, Inc. (In Re CIS Corp.)United States Bankruptcy Court, S.D. New York · 1997
- Sanders v. PalmerNew York Court of Appeals · 1986
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3Cited by2 opinions
- In Re EulianoUnited States Bankruptcy Court, D. Massachusetts · 2010
- In re SharakUnited States Bankruptcy Court, N.D. New York · 2017