Legal Opinion

In Re Prichard Plaza Associates Ltd. Partnership

United States Bankruptcy Court, D. Massachusetts

Decided March 28, 1988No. 18-42374PublishedCited by 64 opinions

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

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Kelly v. RobinsonSupreme Court of the United States · 1986
  5. 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

  1. 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
  2. Galvin v. U.S. Bank, N.A.Court of Appeals for the First Circuit · 2017
  3. In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
  4. Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)United States Bankruptcy Court, S.D. New York · 1988
  5. In Re Cantonwood Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1992

59 more not listed; retrieve them via the Exa API.

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