In Re Prichard Plaza Associates Ltd. Partnership
United States Bankruptcy Court, D. Massachusetts
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
A bank holding a mortgage and assignments of rents and leases claims the rents or adequate protection for not receiving and retaining them. The Court holds that the Bank is entitled to neither because it was not in possession of the real estate at the time this Chapter 11 case began. Involved is the resolution of an important question of state mortgage law undecided by the Supreme Judicial Court of Massachusetts.
I FACTS
The facts are undisputed. Prichard Plaza Associates Limited Partnership (the “Debtor”) is the beneficial owner of three…
2Cases cited57 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
52 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- 229 Main Street Ltd. Partnership v. Massachusetts Department of Environmental Protection (In Re 229 Main Street Ltd. Partnership)Court of Appeals for the First Circuit · 2001
- Galvin v. U.S. Bank, N.A.Court of Appeals for the First Circuit · 2017
- In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
- Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)United States Bankruptcy Court, S.D. New York · 1988
- In Re Cantonwood Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1992
59 more not listed; retrieve them via the Exa API.