Legal Opinion
5028 Wisconsin Avenue Associates Ltd. Partnership v. Copy King, Inc. (In Re 5028 Wisconsin Avenue Associates Ltd. Partnership)
District Court, District of Columbia
Decided May 5, 1994No. Bankruptcy No. 92-01052. Adv. No. 93-0413PublishedCited by 5 opinions
1Opinion of the Court
DECISION RE MOTIONS FOR SUMMARY JUDGMENT
S. MARTIN TEEL, Jr., Bankruptcy Judge.
This is a dispute between the debtor, 5028 Wisconsin Avenue Associates Limited Part nership, and its mortgagee 1 concerning the entitlement to rents owed by the debtor’s tenant, Copy King, Inc. The disputed rents have been held by the tenant in an escrow account pending resolution of the dispute. The court holds that the mortgagee is entitled to the rents for application to its claim against the debtor.
I
On June 10, 1992, after the debtor had defaulted on the mortgage loan, the mortgagee sent the tenant a letter…
2Cases cited21 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Teal v. WalkerSupreme Court of the United States · 1884
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
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3Cited by5 opinions
- In Re Cadwell's Corners PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1994
- In Re MullenUnited States Bankruptcy Court, D. Massachusetts · 1994
- In Re Southern Illinois Railcar Co.United States Bankruptcy Court, S.D. Illinois · 2002
- In Re Koula Enterprises, Ltd.United States Bankruptcy Court, E.D. New York · 1996
- Vector Realty Group, Inc. v. 711 Fourteenth Street, Inc.District of Columbia Court of Appeals · 1998